GENERAL    CHARTER    LAW 


OF  wiscoisrsxisr, 


Organization  and  Government  of  Cities 
Under  General  Law 


Chapter  40a  of  the  Statutes  as  amended  by  the  laws  of 
1899,  1901,   1903,   1905,    1907  and  1909. 


COMPILED   TJNDEK  DIRECTION   OF 

J.  A.  FREAK 

Secretary  of  State 


MADISON,  WIS. 

DEMOCRAT  FEINTING  Co.,  STATE  PRINTER 
1910 


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General  Charter  Law 


Chapter  1. — Division  into  Classes. 

925 — 1. 

Four  classes.  SECTION  925 — 1.  For  the  exercise  of  the  cor- 
porate powers  herein  mentioned  the  cities  of  this  state  now  ex- 
isting or  that  may  be  created  under  the  provisions  of  this  chap- 
ter shall  be  divided  into  classes  as  follows:  Cities  containing 
a  population  of  one  hundred  and  fifty  thousand  or  over  shall 
constitute  the  first  class;  cities  containing  a  population  of  forty 
thousand  or  over  and  under  one  hundred  and  fifty  thousand, 
the  second  class;  cities  containing  ten  thousand  or  over  and 
under  forty  thousand,  the  third  class ;  cities  containing  less  than 
ten  thousand,  the  fourth  class,  The  population,  as  affecting 
the  class  to  which  any  city  shall  belong,  shall  be  determined  by 
the  last  national  or  state  census,  unless  a  census  is  taken  under 
the  direction  of  the  trustees  of  a  village  seeking  to  be  incorpor- 
ated as  a  city  under  the  provisions  of  this  chapter,  or  under  the 
direction  of  the  board  of  a  town  which  contains  an  unincorpor- 
ated village  which,  alone  or  in  connection  with  adjacent  terri- 
tory, seeks  to  become  so  incorporated,  or  of  the  common  coun- 
cil of  any  city  now  incorporated  seeking  to  adopt  such  pro- 
visions for  its  government.  Any  city  incorporated  hereunder 
shall  pass  from  one  class  to  another  when  it  has  sufficient  pop- 
ulation and  its  common  council  shall  by  ordinance  or  resolu- 
tion make  publication  thereof  and  make  proper  provisions  for 
such  change  in  the  city  government.  Cities  under  special 
charters  shall  be  divided  into  like  classes,  determined  in  the 
same  manner. 

925 — la. 

Apportionment  of  joint  debts  with  town.  SECTION  925— 
la.  Whenever  the  common  council  of  any  city  incorporated  un- 
der a  special  charter  shall  adopt  this  chapter  for  its  government 

M19435 


4         GKXKRAL  'C'l'lA^TER    LAW    OF    WISCONSIN. 

and  a.  patent  shall  be  issued  theieto  as  hereinafter  provided, 
and  such  city  shall  have  been  previously  jointly  indebted  with 
the  town  in  which  it  was  situated,  its  liability  for  its  proportion- 
ate share  of  such  indebtedness  shall  continue  as  if  such  incor- 
poration under  this  chapter  had  not  been  made.  The  liability 
of  such  city  for  such  share  of  its  indebtedness  may  be  adjusted 
by  the  method  herein  pi-escribed,  vv/,.:  the  common  council 
may,  by  an  ordinance  or  resolution,  elect  to  have  the  share 
of  the  indebtedness  of  the  city  ascertained;  notice  of  the  pa>s- 
age  of  such  ordinance  or  resolution  shall  be  given  by  the  mayor 
to  the  chairman  of  the  board  of  the  town  jointly  indebted 
with  such  city,  and  if  commissioners  of  such  indebtedness  havo 
been  created  such  notice  shall  also  be  given  them;  said  town 
board,  commissioners,  if  any,  and  common  council  shall  meet 
at  a  time  and  place  to  be  designated  in  such  notice  and  pro- 
ceed to  apportion  the  amount,  of  such  indebtedness  which  said 
city  and  town  shall  bear.  Such  apportionment  shall  be  based 
upon  the  equalized  value  of  the  taxable  property  in  the  city 
and  town  according  to  the  last  equalization  thereof  made  by 
the  county  board.  A  certificate  of  such  apportionment  shall 
be  executed  by  the  mayor  and  the  chairman  of  the  town  board 
and  filed  in  the  office  of  the  county  cler^,  and  be  the  basis 
upon  which  taxes  to  pay  such  indebtedness  shall  thereafter  be 
levied.  Duplicates  of  such  certificates  shall  be  filed  with  the 
city  and  town  clerk  for  that  purpose.  Thereafter  such  city  and 
town  shall  each  be  liable  for  the  portion  of  such  indebtedness 
so  fixed  and  shall  provide  for  the  payment  thereof  according  to 
the  terms  of  the  instrument  evidencing  it,  or  otherwise  accord- 
ing to  the  nature  of  the  obligation.  In  like  manner  such  town 
and  city  may  divide  property  owned  by  them  jointly,  but  until 
a  division  is  made  such  property  may  be  jointly  held  and  used. 


Chapter  II. — Adoption  of  this  Chapter  by  Existing  Cities. 

925 — 2, 

Application  oi  act.  SECTION"  5)25 — 2.  No  city  now  nicoi  por- 
ated  shall  be  affected  by  the  provisions  of  this  chapter  unless 
such  city  has  adopted  or  shall  adopt  the  same  or  some1  part 
thereof  f  r  its  government  in  the  manner  hereinafter  provided. 

925 — 3. 

Effect  of  adoption.  SECTION  f>25 — 8.  When  the  common 
council  of  any  city  now  incorporated,  by  a  three-fourths  vote 


GENERAL   CHARTER   LAW   OF   WISCONSIN,          5 

of  all  the  members  thereof,  .shall  have  adopted  this  chapter  for 
its  government  and  a,  patent  shall  have  been  issued  as  herein- 
after provided,  such  city  shall  cease  to  exist  as  a.  corporation 
under  its  charter  and  the  laws  creating*  such  corporation  or 
adopted  for  its  government,  and  shall  constitute  a  municipal 
corporation  under  this  chapter  and  be  governed  by  its  pro- 
visions. 

925 — 3m.      (Ch.  230,  1907.) 

Cities:  change  from  special  to  general  charter — initia- 
tive. SECTION  925 — 3m.  Whenever  a  petition,  signed  by  not 
less  than  ten  per  cent,  of  the  electors  of  any  city  operating 
under  a  special  charter,  shall  be  -presented  to  the  common  coun- 
cil of  such  city,  asking  that  the  question  of  the  adoption  by  such 
city  of  chapter  4()a,  statutes  of  1898  and  the  amendments 
thereto,  <.r  some  part  thereof,  be  submitted  to  a  vote  of  the  elec- 
tors of  such  city,  the  common  council  of  such  city,  at  its  next 
regular  meeting  after  tin1  filing  of  such  petition  with  the  clerk 
of  such  city,  shall  provide,  by  resolution,  that  the  question  of 
the  adoption  of  said  chapter  40a  and  the  amendments  thereto, 
or  .some  part  thereof,  be  submitted  to  a  vote  of  the  electors  of 
such  city,  and  shall  determine  a  day  not  less  than  thirty  nor 
more  than  sixty  days  after  the  passage  of  such  resolution  upon 
which  day  such  election  shall  be  held. 

925 — 3n.     (Ch.  230,  1907.) 

Adoption:  election;  notices;  publication;  ballot.  SECTION 
925 — 3n.  Notice  of  election  on  the  proposition  of  adopting 
chapter  40a,  statutes  of  1898  and  the  amendments  thereto,  or 
some  part  thereof,  shall  be  given  by  publication  of  a  copy  of 
such  resolution  in  some  newspaper  published  within  such  city, 
once  each  week  for  four  successive  weeks,  immediately  preced- 
ing the  day  of  holding  such  election.  Such  election  shall  be  con- 
ducted in  the  general  manner  in  which  elections  for  city  offi- 
cers are  conducted  and  canvassed  in  such  city ;  and  the  form  of 
the  ballot  shall  be  "  for  the  adoption  of  chapter  40a"  and 
"  against  the  adoption  of  chapter  40a."  When  said  petition 
shall  be  for  only  part  of  chapter  40a,  the  ballot  shall  con- 
tain "for  the  adoption  (naming  part)  "  and  "against  the  adop- 
tion (naming  part)." 

925 — 3o.      (Ch.  230,  1907;  in  effect  June  20,  1907.) 

Patent.  SECTION  925 — 3o.  If  the  majority  of  the  votes 
cast  at  such  election  are  in  favor  of  the  adoption  of  chapter  40a 


6         GENERAL    CHARTER   LAW   OP   WISCONSIN. 

or  some  part  thereof,  the  city  clerk  shall  certify  that  fact  to  the 
secretary  of  state  and  thereupon  a  patent  shall  be  issued  as  pro- 
vided in  section  925 — 5,  the  last  state  or  United  States  census 
being  taken  as  the  basis  upon  which  to  determine  the  classifica- 
tion of  such  city. 

925 — 4. 

Ordinance;  publication;  final  action;  census.  SECTION 
925 — 4.  Whenever  an  ordinance  is  offered  for  the  purpose  of 
adopting  this  chapter  in  place  of  an  existing  charter  such  ordi- 
nance shall  lie  over  at  least  thirty  days  before  final  action  shall 
be  taken  thereon,  in  the  meantime  it  shall  be  published  at  least 
once  in  the  official  paper  of  the  city,  if  there  be  one,  otherwise 
in  some  newspaper  to  be  designated  by  the  council,  together  with 
a  notice  of  the  time  when  said  proposed  ordinance  will  be  con- 
sidered. Such  ordinance  shall  provide  for  a  census  to  be 
taken,  unless  it  is  proposed  to  have  the  city  classified  accord- 
ing to  the  last  census  taken  under  the  laws  of  the  United 
States  or  of  this  state.  Such  census  shall  be  taken  as  nearly 
as  practicable  as  provided  by  law  for  taking  the  census  in 
case  of  the  incorporation  of  villages.  Final  action  on  such  or- 
dinance shall  not  be  taken  except  at  a  regular  meeting  of  the 
council;  and  in  case  such  ordinance  is  defeated  it  shall  not  be 
lawful  for  said  council  to  consider  an  ordinance  for  the  same 
purpo-e  for  the  space  <>i  cue  year  thereafter. 

926a.     (Oh.  165,  1899.) 

Action  to  determine  validity  of  proceedings.  SECTION 
1,  ch.  165,  laws  of  1899.  In  any  case,  whether  occurring  here- 
tofore or  hereafter,  where  the  common  council  of  any  city  in- 
corporate by  special  act  shall  have  undertaken  and  assumed  to 
adopt  in  whole  or  in  part  the  provisions  of  the  general  city 
charter  law  of  this  state,  and  such  city  and  its  officers  shall 
have  assumed  thereafter  in  good  faith  to  act  under,  and  to  ex- 
ercise the  powers  conferred  by,  the  provisions  of  law  so  as- 
sumed to  he  adopted,  any  question  of  the  validity  of  such  as- 
sumed adoption  and  of  the  ordinance  and  proceedings  therefor 
may  be  tested  by  certiorari  or  by  any  ether  proper  action  or 
proceedings  brought  directly  for  the  purpose  of  vacating  or  set- 
ting aside  the  same  at  any  time  within  three  months  after  such 
assumed  adoption,  but  not  thereafter;  provided,  that,  as  to  all 
such  cases  c-ccurring  prior  to  the  taking  effect  of  this  act,  such 
direct  action  or  proceeding  may  be  commenced  within  'three 
months  after  the  passage  and  publication  of  this  act.  but  not 


GENERAL   CHARTER   LAW   OF.  WISCONSIN.          7 

thereafter.  No  such  assumed  adoption  nor  any  ordinance  or 
proceeding  for  such  adoption  of  the  whole  or  any  part  of  such 
general  city  charter  law  shall  be  in  any  manner  called  in  ques- 
tion or  held  to  be  invalid  in  any  action  or  proceeding  except 
one  brought  directly  for  that  purpose  within  the  time  herein- 
before limited  therefor,  unless  the  same  shall  have  been  duly 
vacated  or  set  aside  by  a  court  of  competent  jurisdiction.  The 
provisions  of  this  act  shall  in  no  manner  affect  pending  actions. 

925 — 5. 

Governor  to  issue  patent.  SECTION  925 — 5.  If  said  ordi- 
nance be  adopted  the  result  shall  be  certified  under  the  cor- 
porate seal  of  the  city  to  the  secretary  of  state,  together  with 
a  copy  of  all  the  proceedings  relating  thereto  and  the  result  of 
the  census  taken  for  the  purpose  of  determining  the  classifica- 
tion of  said  city ;  thereupon  the  governor  shall  issue  letters 
patent  under  the  great  seal,  reciting  the  facts,  defining  the 
boundaries  of  the  city  and  constituting  the  same  a  body  cor- 
porate and  politic  by  the  name  of  the  city  of—  -  (specifying 
the  name  of  such  city)  and  declaring  that  the  same  shall  be 
governed  by  the  provisions  of  this  chapter  applicable  to  the 
cities  of  the  -  -  class  (specifying  the  class)  ;  provided,  that 
nothing  herein  contained  shall  be  construed  to  prevent  any  city 
now  incorporated  and  existing  frcm  adopting  the  provisions  of 
this  chapter  regardless  of  its  present  population. 

925 — 6.      (Ch.  101,  1907.) 

Officers  to  continue  after.  SECTION  925 — 6.  Whenever 
this  chapter  shall  be  adopted  by  a  city  now  incorporated  the 
officers  of  such  city  shall  continue  in  office  with  all  the  powers 
herein  conferred  until  the  expiration  of  the  term  for  which 
Ihfij  !<•<}•<  i'fxi><cfir(  lij  <l<cf«L  and  until  the  first  Tuesday  of 
May  following  such  <  ,r  pint  f  ion,  and  until  their  successors  are 
qualified. 


Chapter  III. — Incorporation   of  Cities   Under    These  Pro- 
visions. 

925 — 7. 

Population  required.  SECTION  925 — 7.  Any  district  con- 
taining a  population  of  fifteen  hundred  or  over  and  not  here- 
tofore incorporated  as  a,  city  may  become  incorporated  under 
this  chapter  in  the  manner  hereinafter  specified. 


£         GENERAL   CHARTER   LAW   OF   WISCONSIN, 

925 — 8. 

Petition  by  electors  of  village.  SECTION  925 — 8.  One 
hundred  or  more  electors  and  taxpayers  of  any  village,  incorpor- 
ated or  unincorporated,  may  apply  by  petition  to  the  trustees 
of  such  village  or  to  the  proper  town  board  to  have  the  ques- 
tion of  incorporating  said  village,  or  the  same  and  adjacent 
territory,  containing  together  a  population  of  not  less  than  fif- 
teen hundred,  as  a  city,  submitted  to  a  vote  of  the  electors  of 
the  territory  described  in  such  petition ;  provided,  that  in  case 
it  is  proposed  to  include. territory  adjacent  to  such  village  the 
consent  in  writing-  of  a  majority  of  the  electors  residing  there- 
in, and  the  owners  of  at  least  one-third  of  the  taxable  property 
in  such  territory  according  to  the  last  assessment  roll,  shall  be 
presented  with  said  petition. 

925 — 9. 

How  question  submitted.  SECTION  925 — 9.  At  any  regu- 
lar meeting  after  the  filing  of  said  petition  the  trustees  of  such 
village  or  the  board  of  such  town  may,  by  resolution,  provide 
that  the  question  of  incorporating  as  a  city  in  accordance  with 
such  petition  be  submitted  to  a  v  tc  of  the  electors  residing 
within  the  limits  of  said  proposed  city.  Such  resolution  shall 
determine  the  number  and  boundaries  of  wards  into  which  the 
city  shall  be  divided,  fix  the  time  of  voting  on  the  proposition 
for  incorporation,  which  shall  not  be  earlier  than  six  weeks 
from  the  adoption  of  such  resolution,  and  where  the  electors 
residing  outside  the  limits  of  said  village  shall  vote,  and  shall 
also. provide  for  a  census  unless  it  is  proposed  to  have  the  city 
classified  according  to  the  last  census  taken  under  the  laws  of 
the  United  States  or  of  this  state.  Said  census,  if  ordered, 
shall  be  taken  as  provided  by  law  for  taking  the  census  in  case 
of  the  incorporation  of  villages. 

925 — 10. 

Notice  of  election.  SECTION  925 — 10.  Notice  of  the  election 
on  the  proposition  for  incorporation  shall  be  given  by  publica- 
tion of  a  copy  of  such  resolution  in  some  newspaper  published 
in  said  village,  if  there  be  one,  otherwise  in  some  newspaper 
designated  in  the  resolution,  once  each  week  for  four  successive 
weeks  immediately  preceding  the  date  for  holding  such  elec- 
tion. 

925 — 11. 

Conduct  of  election.  SECTION  925 — 11.  The  election  shall 
be  conducted  in  the  same  manner  as  elections  for  village 


GENERAL   CHARTER   LAW  OF   WISCONSIN.          9 

trustees,  and  the  form  of  the  ballot  shall  be  "for  a  city  char- 
ter" or  "against  a,  city  charter." 

925 — 12. 

Returns ;  patent.  SECTION  925 — 12.  The  result  of  the  elec- 
tion as  canvassed  by  the  inspectors  shall  be  returned  to  the 
clerk  of  such  village,  if  it  be  incorporated,  otherwise  to  the 
clerk  of  such  town.  If  a  majority  of  the  votes  are  cast  in 
favor  of  the  city  charter  said  clerk  shall  certify  the  fact  to  the 
secretary  of  state,  together  with  the  result  of  the  census  taken, 
if  any,  and  thereupon  a  patent  shall  be  issued  as  provided  in 
section  925 — 5,  which  shall  specify  the  number  and  boundaries 
of  the  wards  of  such  city. 

925 — 13. 

Powers;  patent  as  evidence.  SECTION  925 — 13.  Any 
patent  issued  under  the  provisions  of  this  chapter  shall  be  re- 
corded in  the  office  of  the  secretary  of  state  in  a  book  kept  for 
that  purpose.  Thereupon  the  city  mentioned  in  such  patent 
shall  be  a  body  corporate  and  politic,  with  perpetual. succession, 
possessing  the  powers  and  privileges  of  a  municipal  corporation 
at  common  law,  and  the  general  powers  conferred  by  these  stat- 
utes, so  far  as  consistent  with  the  provisions  of  this  chapter,  in 
addition  to  those  conferred  by  this  chapter,  and  shall  have  au- 
thority to  contract  and  be  contracted  with,  sue  and  be  sued, 
plead  and  be  impleaded,  purchase  or  otherwise  acquire  real 
and  personal^  property  and  dispose  of  the  same  as  the  welfare 
and  convenience  of  its  inhabitants  may  require ;  and  shall  have 
a  common  seal  and  may  alter  the  same  at  pleasure.  Any  pat- 
ent so  issued  and  recorded,  the  record  thereof  or  a  certified 
copy  of  such  n  >rd  shall  be  conclusive  evidence  in  all  courts 
ami  places  of  t  hie  incorporation  of  the  city  mentioned  and 
of  all  the  facts  t  >in  recited. 

925 — 14.      (Ch.  36,  1901.) 

Ward  boundaries,  how  changed.  SECTION  925—14,  as 
amended  by  ch.  36,  laws  of  1901.  The  number  and  boundaries 
of  the  wards  of  any  city  organized  under  the  provisions  of  this 
chapter  may  be  changed  by  ordinance  adopted  by  a  vote  of  at 
least  three-fourths  of  all  the  members  of  the  common  council, 
provided,  said  ordinance  must  be  introduced  at  a  regular 
meeting  of  the  council  in  May  and  before  final  action  is  taken 
thereon  shall  be  published  in  the  official  paper  of  the  city,  if  any, 
otherwise  in  a  newspaper  designated  by  such  ordinance,  once 


10       GENERAL    CHARTER   LAW   OF    WISCONSIN. 

in  each,  week  for  four  successive  weeks,  and  when  the  bound- 
aries of  any  wards  are  fixed  by  any  ordinance  the  number  of 
wards  and  boundaries  thereof  or  of  any  of  said  wards  shall  not 
be  again  changed  for  a  period  of  twD  years  except  by  adding 
thereto  such  territory  as  may  at  any  time  be  added  to  the  city 
limits;  provided  further,  that  the  territory  of  the  wards  shall 
be  contiguous  and  compact  and  that  no  ward  having  a  popula- 
tion of  less  than  eight  thousand  shall  be  created  in  cities  of  the 
first  class,  or  less  than  fifteen  hundred  in  cities  of  the  second 
class,  or  less  than  one  thousand  in  cities  of  the  third  class,  or 
less  than  five  hundred  in  cities  of  the  fourth  class.  And  pro- 
vided further,  that  the  common  council  of  all  cities  of  the  first 
class  may,  by  a  two-thirds  vote  of  all  its  members,  on  or  before 
the  first  day  of  December,  or  as  soon  thereafter  as  is  practi- 
cable after  each  state  or  United  States  census  is  taken  and  the 
result  thereof  as  to  its  population  is  made  known,  redistrict, 
readjust  and  change  the  boundaries  of  wards  so  that  they  shall 
be  as  nearly  equal  in  population  as  may  be,  and  to  that  end 
such  council  may  create  new  wards  and  consolidate  old  ones, 
but  no  ward  shall  be  created  having  a  population  less  than 
eight  thousand  nor  exceeding  twenty  thousand.  In  redistrict- 
ing  such  cities  the  original  numbers  of  the  wards  and  their 
geographical  outlines  shall  as  far  as  possible  be  retained  and 
the  wards  so  created  and  those  the  boundaries  of  which  are 
changed  shall  be  in  as  compact  form  as  practicable.  When- 
ever the  number  of  wards  in  any  such  city  of  the  first  class 
shall  be  changed  in  the  manner  aforesaid,  and  a  "new  ward  or 
wards  created,  such  Avard  or  wards  shall  have  the  same  number 
of  aldermen,  supervisors,  and  ward  'officers  as  other  wards  in 
such  city,  and  shall  be  in  all  respects  subject  to  the  provisions 
of  the  charter  of  such  city.  '  Any  alderman  or  ward  officer 
holding  office  and  who  resided  in  any  such  territory  at  the  time 
it  shall  be  declared  a  ward,  shall  continue  in  such  office  for 
the  term  for  which  he  was  elected  and  until  his  success,  r  is 
elected  and  qualified,  and  shall  be  an  officer  of  the  ward  so  cre- 
ated. The  inspectors  of  election  and  ballot  clerks  appointed 
for  any  such  district  shall  continue  to  act  in  Jheir  several 
capacities  Avhen  such  district  is  constituted  a  ward,  until  re- 
moved or  their  successors  are  appointed.  In  all  other  cases 
where  a  new  ward  is  so  created  or  eld  wards  consolidated,  and 
the  creation  or  consolidation  shall  cause  vacancies  in  the  offices 
to  which  any  ward,  by  reason  of  the  formation,  is  entitled  the 
common  council  shall  forthwith  order  in  the  manner  provided 
by  the  charter  of  such  city,  a  special  'election  to  fill  all  such 


GENERAL   CHARTER   LAW  OF   WISCONSIN:        11 

vacancies  as  are  by  the  charter  of  such  city  elective,  provided 
that  if  any  such  ward  is  created  AVI  thin  thirty  days  before  any 
general  or  municipal  election,  such  vacancies  shall  be  filled 
thereat.  All  other  vacancies  shall  be  filled  in  the  manner  pro- 
vided by  the  charter  of  such  city.  The  common  council  shall 
in  ordering  such  election,  fix  the  term  for  which  the  officers 
shall  be  elected. . 

925 — 14.      (Ch.  123,  1905.) 

Same.  Chapter  123,  laws  of  1905.  SECTION  1.  Section 
925 — 14,  of  the  statutes  of  1898,  as  amended  by  chapter  36  of 
the  laws  of  1901,  is  hereby  amended  as.  to  cities  of  the  second, 
third  and  fourth  classes  so  that  the  same  shall  read  as  follows: 
Section  925 — 14.  An  ordinance  fixing-  the  number  and  bound- 
aries of  the  Avards  of  any  city  of  the  second,  third  or  fourth  class 
organized  under  the  provisions  of  chapter  40a  of  the  statutes  of 
1898  as  amended,  may  be  introduced  at  any  regular  meeting  of 
the  common  council.  The  question  of  the  adoption  of  such 
ordinance  shall  by  a  majority  vote  of  the  members  of  the  com- 
mon council  elect,  be  submitted  to  the  electors  of  such  city  at 
the  next  regular  municipal  election.  The  city  clerk  shall  pub- 
lish a  notice  that  said  ordinance  shall  be  so  submitted  at  the 
same  time  and  in  the  same  manner  that  notice  of  said  municipal 
election  shall  be  published,  and  such  notice  shall  set  forth  the 
proposed  ordinance  at  length.  He  shall  also  prepare  ballots  to 
l)o  used  by  the  electors  in  voting  -on  said  proposed  ordinance, 
Avhich  shall  intelligently  express  the  voter's  intention  and  Avhich 
shall  be  substantially  in  the  following  forms: 

For  adoption  of  ward  ordinance. 

Against  adoption  of  ward  ordinance. 

If  a  majority  of  the  Arotes  cast  are  in  favor  of  the  adoption  of 
such  proposed  ordinance  the  common  council  shall  forthwith 
thereafter  at  a  regular  meeting  take  action  on  such  proposed 
ordinance  and  may  by  at  least  a  majority  vote  of  those  present 
adopt  the  same;  and  Avhen  the  boundaries  of  any  Avards  are 
fixed  by  any  ordinance  the  number  of  wards  and  boundaries 
thereof,  or  of  any  of  said  wards  shall  not  be  again  changed  for 
a  period  of  two  years  except  by  adding  thereto  such  territory 
as  may  at  any  time  be  added  to  the  city  limits;  provided  fur- 
ther, that  the  territory  of  the  Avards  shall  be  contiguous  and 
compart  and  that  no  ward  have  a  population  of  less  than  fif- 
teen hundred  in  cities  of  the  second  class,  or  less  than  one  thou- 
sand in  cities  of  the  third  rhiss.  or  less  than  five  hundred  in 
cities  of  the  fourth  class.  In  redistricting  such  cities  the  orig- 


12       GENERAL   CHARTER    LAW    OF   WISCONSIN:. 

inal  numbers  of  the  wards  and  their  geographical  outlines  shall 
as  far  as  practicable  be  retained  and  the  wards  so  created  and 
those  the  boundaries  of  which  are  changed  shall  be  in  as  com- 
pact form  as  practicable.  Whenever  the  number  of  wards  in 
any  such  city  shall  be  changed  in  the  manner  aforesaid,  and  a 
new  ward  or  wards  created,  such  ward  or  wards  shall  have 
the  same  number  of  aldermen,  supervisors  and  ward  officers  as 
other  wards  in  such  city,  and  shall  be  in  all  respects  subject  to 
the  provisions  of  the  charter  of  such  city.  Any  alderman  or 
ward  officer  holding  office  and  who  shall  reside  in  any  sucK 
territory  at  the  time  it  shall  be  declared  a  ward,  shall  continue 
in  such  office  for  the  term  for  which  he  was  elected  and  until 
his  successor  is  elected  and  qualified,  and  shall  be  an  officer  of 
the  ward  so  created.  The  inspectors  of  election  and  ballot 
clerks  appointed  for  any  such  district  shall  continue  to  act  in 
their  several  capacities  when  such  district  is  constituted  a  ward, 
until  removed  or  their  successors  are  appointed.  In  all  other 
cases  where  a  new  ward  is  so  created  or  old  wards  consolidated, 
and  the  creation  or  consolidation  shall  cause  vacancies  in  the 
offices  to  which  any  ward,  by  reason  of  the  formation,  is  en- 
titled, the  common  council  shall  forthwith  order  in  the  manner 
provided  by  the  charter  of  such  city,  a  special  election  to  fill 
all  such  vacancies  as  are  by  the  charter  of  such  city  elective. 
All  other  vacancies  shall  be  filled  in  the  manner  provided  by 
the  charter  of  such  city.  The  common  council  shall  in  order- 
ing siich  election  fix  the  term  for  which  the  officer  shall  be 
elected. 

Section  2.  Said  section  925 — 14,  as  amended  by  said  chapter 
36  shall  continue  in  full  force  in  its  present  form  as  to  cities 
of  the  first  class,  but  as  to  cities  of  the  second,  third  and  fourth 
class  is  hereby  repealed  so  far  as  it  conflicts  herewith. 

925 — 15. 

Village  officers  to  hold.  SECTION  925 — 15.  Such  city  shall 
be  deemed  fully  incorporated  from  and  after  the  issue  of  the 
patent  av,  aforesaid,  but  the  village  or  town  board  and  all  other 
officers  of  such  village  or  town  embracing  the  territory  incor- 
porated within  the  limits  of  said  city  shall  continue  to  exercise 
the  powers  and  perform  the  duties  of  such  officers  as  defined 
by  the  general  statutes  relating  to  villages  or  towns  until  the 
first  meeting  of  the  common  council  at  which  a  quorum  is 
present.  Until  a.  city  clerk  shall  have  been  chosen  and  quali- 
fied all  oaths  of  office  and  other  papers  shall  be  filed  with  the 
village  or  town  clerk.  When  the  city  clerk  shall  have  qualified 


GENERAL   CHARTER    LAW   OF   WISCONSIN'.        13 

such  village  or  town  clerk  shall  deliver  to  him  all  proper  rec- 
ords, papers  and  files  in  his  office  belonging  to  the  city  clerk, 
who  shall  thereupon  become  the  legal  custodian  of  the  same. 

925 — 16. 

City  election.  SECTION  {.)'2i> — 16.  Within  ten  days  after  the 
incorporation,  of  any  city  under  this  chapter  the  village  board 
or  the  town  board  shall  fix  a.  time  for  the  first  municipal  elec- 
tion, designate  the  place  or  places  where  the  same  shall  be 
held  and  appoint  three  inspectors  of  election  for  each  polling 
place.  The  polls  of  such  election  shall  be  opened  at  six  o'clock 
A.  M.  and  closed  at  six  o'clock  P.  iM. ;  ten  days'  previous  no- 
tice of  the  time  and  place  of  election  and  of  the  officers  to  be 
•elected  shall  be  given  by  the  proper-  village  or  town  clerk  by 
publication  in  some  newspaper  in  the  county,  if  there  be  one, 
and  by  posting  written  or  printed  notices  in  three  public  places 
in  said  city.  In  all  other  respects  such  election  shall  be  con- 
ducted as  is  prescribed  by  chapter  5,  except  that  no  registra- 
tion of  voters  shall  be  required ;  but  the  failure  to  give  such 
notice  shall  in  no  way  invalidate  said  election.  At  the  close  of 
such  election  the  inspectors  shall  count  the  ballots  and  make 
returns  thereof,  stating  therein  the  number  of  votes  for  each 
office,  and  deliver  Mich  returns  to  the  village  or  town  clerk, 
who  shall  lay  the  same  before  the  village  or  town  board.  Such 
board  shall  meet  within  one  week  after  such  election,  canvass 
said  return'  and  declare,  the  result;  the  village  or  town  clerk 
.-shall  notify  the  persons  elected  to  the  respective  offices  and 
issue  the  proper  certificates  of  election.  All  officers  chosen  at 
such,  election  or  appointed  by  the  mayor-elect,  except  justices 
of  the  peace  and  aldermen,  shall  hold  for  a  term  ending  on 
the  third  Tuesday  of  April  next  following  and  until  their  suc- 
cessors are  elected  and  qualified;  provided,  that  in  case  the  first 
Tuesday  of  April  shall  be  fixed  as  the  time  of  the  first  election 
the  term  of  office1  of  tin1  several  officers  chosen  shall  commence 
on  the  third  Tuesday  rf  April  succeeding  and  continue  as  other- 
wise pr;  v'ded  in  this  chapter. 


Chapter  IV. — Annexation    and   Detachment   of  Territory. 

925 — 17. 

What  cities.  SECTION  92;") — 17.  Territory  lying  adjacent  fa> 
any  city  organized  under  the  provisions  of  this  chapter  or  ad- 
jacent to  any  city  oruuni/ed  under  a.  special  charter  which,  by 


14       GEXKKAL    CHARTER    LAW    OF   WISCONSIN. 

ordinance,  has  declared  such  city  to  be  of  a  certain  class  ac- 
cording to  the  provisions  of  section  925 — 1,  and  has  adopted, 
in  the  manner  provided  by  section  925 — 4,  sections  925 — 17  to- 
925 — 21,  inclusive,  may  be  annexed  to  such  city  in  the  manner 

heieinafter  set  forth. 

925 — 18.     (Ch.  124,  1907.) 

Annexation:  petition,  signers;  rejection.  SECTION  925 — 
18.  A  majority  of  the  electors  and  the  owners  of  at  least 
one-third  of  the  taxable  property  according  to  the  last  tax 
roll  in  territory  adjacent  to  such  ,  city  may  together  present, 
a  petition  to  the  common  council  of  such  city,  asking  for  an- 
nexation thereto;  provided,  that  if  no  electors  reside  therein 
such  petition  must  be  signed  by  the  owners  of  at  least  one- 
half  of  the  taxable  prcperty  desired  to  be  annexed  before' 
the  council  shall  have  power  to  act  thereon;  provided  further, 
that  the  council  may,  upon  the  petition  of  one-half  of  the  resident 
electors  and  of  the  owners  of  one-half  of  the  real  estate  within 
the  limits  of  the  territory  proposed  to  be  annexed,  pass  an  ordi- 
nance annexing  such  proposed  territory  when  the  proposition 
to  annex  has  been  submitted  to  a  vote  of  the  electors  of  the  dis- 
trict to  be  .  annexed  and  a  majority  of  the  resident  electors 
have  voted  in  favor  thereof.  Whenever  a  proposition  to  annex 
territory  has  been  submitted  to  a  vrte  and  rejected,  the  same  or 
substantially  the  same  proposition  shall  not  be  again  submitted 
within  two  years  thereafter. 

925 — 19. 

Ordinance,  action  on.  SECTION  925 — 19.  At  any  regular 
in ei- ting  of  the  common  council  after  the  filing  of  said  petition 
with  the  city  clerk  an  ordinance  may  be  introduced  providing 
for  the  annexation  of  such  adjacent  territory.  Final  action  on 
said  ordinance  shall  not  be  taken  except  at  a  regular  meeting 
of  the  council  and  not  earlier  than  thirty  days  after  the  same 
is  introduced ;  and  in  the  meantime  the  same  shall  be  published 
at  least  once  in  each  week  for  four  successive  weeks  in  some 
newspaper  printed  and  published  in  said  city,  if  there  be  one, 
otherwise  in  some  newspaper  to  be  designated  by  the  council. 

925 — 20. 

Vote;  adjustment  of  debts  and  property.  SECTION  925 — 
20.  A  vote  of  three-fourths  of  all  the  members  of  said  council 
in  favor  of  sa'd  ordinance,  taken  by  ayes  and  noes  and  recorded, 
shall  be  necessary  to  its  adoption.  Any  controversy  that  may 


GENERAL    CHARTER    LAW    OF    WISCONSIN.        15 

aiise  between  the  city  and  the  town  or  towns  from  which  such 
territory  is  detached  in  respect  to  the  division  of  property  or 
the  adjustment  of  existing  indebtedness  shall  be  determined  by 
the  circu't  court  in  a  proper  proceeding  brought  for  that  pur- 
p  se.  or  the  adjustment  of  such  indebtedness  may  be  made  as 
piovided  in  section  925 — \a. 

925 — 21. 

Ordinance;  collateral  attack;  limitation.  SECTION  925— 
21.  The  adoption  of  >said  ordinance  shall  operate  to  annex  such 
territory  to  said  city  and  to  the  ward  or  wards  designated  therein 
ninety  day.:  after  the  same  is  parsed  and  published.  The  valid- 
ity of  the  proceedings  annexing  such  territory  shall  not  be 
called  in  question  collaterally  in  any  court  of  this  state,  nor  be 
called  in  question  in  any  other  manner  in  any  such  court  un- 
less the  action  or  proceeding  therefor  be  commenced  within 
ninety  days  after  such  ordinance  is  adopted. 

925 — 21a.      (Ch.  149,  1903.) 

Detachment  of  territory;  debts,  property.  SECTION  925 
— 2la.  Upr.n  the  petition  of  a  majority  of  property  owners  own- 
ing three-fourths  of  the  taxable  real  estate  which  it  is  proposed 
*to  detach,  according  to  the  last  tax  roll,  within  the  corporate 
limits  cf  a  city  of  the  second,  third  or  fourth  class,  whether  incor- 
porated under  the  provisions  of  this  chapter  or  by  special  char- 
ter, and  which  said  taxable  property  is  within  a  section  adja- 
cent to  the  boundary  lines  of  any  such  city,  the  common  council 
may  by  ordinance  detach  such  real  estate  from  such  city.  Such 
ordinance  shall  require  for  its  adoption  the  affirmative  vote  of 
three-fourths  of  all  the  members  of  such  common  council  and 
if  so  adopted,  the  said  property  shall  be  detached  from  such  city 
and  attached  to  the  towns  or  towns  to  which  the  same  shall  be 
annexed  and  shall  be  taxable  therein.  Provided,  however,  that 
if  a  petition  signed  by  five  per  cent,  of  the  electors  of  such  city 
be  presented  to  such  common  council,  within  ninety  (90)  days 
after  the  passage  of  such  ordinance,  demanding  that  such  ques- 
tion be  submitted  to  the  electors  of  such  city  then  such  common 
council  shall  cause  such  question  to  be  submitted  to  the  electors 
of  such  city  at  the  next  ensuing  election,  and  in  case  a  majority 
of  the  electors  vrting  on  such  question  shall  vote  in  favor  of 
such  proposition,  then  and  thereafter  said  property  shall  be  de- 
tached therefrom  and  attached  to  the  town  or  towns  to  which 
the  same  by  reason  thereof  becomes  annexed  and  shall  be  tax- 
able therein. 


16       GENERAL    CHARTER    LAW    OF    WISCONSIN. 

It  is  further  provided  that  such  common  council  may  by  a 
majority  vote  of  all  its  members  submit  to  the  electors  of  such 
city  at  the  next  ensuing  municipal  election  the  question  of  de- 
taching such  real  estate  from  such  city,  and  in  case  a  majority 
of  the  electors  voting  on  such  question  shall  vote  in  favor  of 
such  proposition,  then  and  thereafter  said  property  shall  be  de- 
tached therefrom  and  attached  to  the  town  or  towns  to  which 
the  same  by  reason  thereof  becomes  annexed  and  shall  be  tax- 
able therein.  Any  indebtedness  properly  chargeable  to  sucn 
detached  property  may  be  adjusted  between  such  city  and  the 
town  or  towns  as  provided  by  sections  925 — 21  a  or  925 — 20, 
and  the  proceedings  for  such  adjustment  may  be  begun  by 
either  the  town  or  city.  Any  property  interest  of  such  de- 
tached territory  shall  vest  in  the  city. 

925 — 21b.      (Ch.  493,  1907.) 

City  boundaries;  surveys;  record,  effect,  test.  SKCTJO.N 
925 — 21b.  All  cities  whether  organized  under  a,  general  or 
special  charter  are  hereby  continued  as  bodies  corporate  by  the 
name  and,  style  which  they  now  bear,  until  the  same  is  duly 
changed.  The  district  or  territory  now  embraced  within  the  lim- 
its and  boundaries  of  such  cities,  as  now  described,  shall  con- 
tinue to  be  the  boundaries  of  such  cities  until  changed  by  law. 
Any  city  may  direct  -a  survey  of  its  present  boundaries  to  be 
made,  and  when  properly  attested  such  survey  may  be  filed  in 
the  office  of  the  register  of  deeds  in  the  county  or  counties  in 
which  such  city  is  located  and  when  so  filed  such  survey  and  plat 
shall  be  prima  facie  evidence  of  the  facts  therein  set  forth,  and 
after  the  lapse  of  one  year  such  a  survey  and  plat  shall  be  con- 
clusive evidence  of  such  facts.  Any  citizen  may,  by  appropriate 
legal  procedure,  test  the  correctness  of  said  survey  and  plat. 
The  time  such  action  is  pending  shall  be  excluded  from  the  above 
limitation  of  time.  Subsequent  extensions  of  the  boundaries  of 
such  cities  may  be  surveyed  and  such  surveys  filed  in  the  man- 
ner .above  provided  and  may  be  tested  in  the  same  manner  and 
with  like  effect  as  a  survey  and  plat  of  the  original  boundaries. 


Chapter  V. — Officers,  Their  Election,  Appointment,  Quali- 
fications,  Compensation;   Vacancies. 

Of  cities  of  first  class.  SECTION  925 — 22.  Officers  of  cities 
of  the  first  class  shall  be  a  mayor,  two  aldermen  from  each  ward, 
constituting  a  common  council,  a  treasurer,  comptroller,  attor- 


GENERAL   CHARTER  LAW   OF   WISCONSIN.        17 

ney,  clerk,  engineer,  tax  commissioner,  an  assessor  for  each 
ward,  i\  board  of  public  works,  a  school  board,  a  board  of  com- 
missioners of  the  public  debt,  a  board  of  health,  one  or  more 
city  physicians,  a,  chief  of  police,  a  chief  engineer  of  the  fire 
department,  one  or  more  harbor-masters  where  required,  <a 
mipervisor  for  each  ward,  a  justice  of  the  peace  and  one  con- 
stable for  each  ward,  policemen,  bridge-tenders,  firemen,  street 
commissioners  and  such  other  officers  as  the  council  shall  from 
time  to  time  deem  necessary. 

925 — 22a.     (Ch.  566,  1907.) 

Cities  of  first  class:  aldermen,  election,  term.  SECTION 
925 — 22a.  1.  In  each  city  of  the  first  class  in  the  state,  whether 
operating  under  a  general  or  special  charter,  there  shall  be  elected 
to  the  common  council  as  members  thereof,  twelve  'aldermen  at 
large  and  one  alderman  from  each  ward  and  such  aldermen  shall 
constitute  the  sole  legislative  body  of  such  city.  The  powers  and 
salary  of  the  aldermen  shall  be  the  same  as  now  or  is  subse- 
quently provided.  The  aldermen  elected  at  large,  after  the  first 
election,  shall  be  elected  for  a  term  of  four  years,  the  aldermen 
from  the  wards  shall  be  elected  for  a  term  of  two  years.  At  the 
first  election  of  aldermen  at  large,  there  shall  be  twelve  elected, 
the  six  having  the  largest  number  of  votes  to  hold  for  a  term  of 
four  years  and  the  second  six  to  hold  for" a  term  of  two  years, 
when  their  successors  are  to  be  elected  for  a  term  of  four  years. 

Election  day.  2.  The  election  of  aldermen  under  the  pro- 
vision of  this  act  shall  take  place  on  the  first  Tuesday  of  April, 
1908.  and  biennially  thereafter. 

925 — 23.     (Ch.  60,  1901.) 

Officers  of  other  cities.  SECTION  925—23.  The  officers  of 
cities  of  the  second,  third  and  fourth  classes  shall  be  a  mayor, 
treasurer,  clerk,  comptroller,  attorney,  assessor  or  one  or  more 
assessors,  two  or  more  justices  of  the  peace,  one  or  more  con- 
stables as  the  common  council  may  determine  by  ordinance,  a 
physician,  street  commissioner,  chief  .of  the  fire  department,  a 
board  of  public  works,  a  board  of  school  commissioners,  one  or 
more  policemen,  two  aldermen  and  one  supervisor  from  each 
ward,  and  such  other  officers  or  boards  as  the  common  council 
may  deem  necessary ;  provided,  that  the  council,  by  a  two-thirds 
vote,  may  dispense  with  the  offices  of  street  commissioner,  engi- 
neer, comptroller  and  board  of  public  works,  and  provided  that 


18       GENERAL   CHARTER   LAW   OF   WISCONSIN. 

the  duties  thereof  be  performed  by  other  officers  or  boards,  by 
the  council  or  a  committee  thereof. 

925 — 23a.     (Ch.  92,  1905.) 

Aldermen,  other  cities.  SECTION  925 — 23a.  In  all  cities 
of  this  state  of  the  second,  third  and  fourth  class  whether  gov- 
erned by  general  or  special  charter,  or  by  both,  the  common 
council  may,  by  ordinance,  provide  that  there  shall  be  one  or 
two  aldermen  from  each  ward,  and  shall  determine  the  time  and 
manner  of  their  election ;  provided,  however,  that  said  ordinance 
shall  not  take  effect  until  the  same  is  submitted  to  and  approved 
by  a  majority  of  the  voters  voting  thereon  at  a  general  municipal 
election. 

925 — 24. 

Annual  election.  SECTION  925 — 24.  The  annual  municipal 
election  in  all  cities  shall  be  held  on  the  first  Tuesday  in  April 
at  such  place  or  places  as  the  council  shall  designate ;  provided, 
that  in  cities  of  the  fourth  class  the  council,  by  ordinance  duly 
adopted  by  a  three-fourths  vote  of  all  the  members-elect,  may 
fix  as  the  time  of  holding  such  election  the  first  Tuesday  in 
March.  The  polls  at  such  election  shall  be  opened  at  six  o'clock 
A.  M.  and  closed  at  five  o'clock  P.  M.  Ten  days'  previous  notice 
of  the  time  and  place  of  such  election  and  of  the  officers  to  be 
elected  shall  be  given  by  the  city  clerk  by  publication  in  the 
official  city  paper  and  by  posting  written  or  printed  notices  in 
three  public  places  in  the  city ;  but  the  failure  to  give  such  notice 
shall  not  invalidate  such  election.  In  all  other  respects  such 
election  shall  be  conducted  as  prescribed  by  chapter  5,  except 
that  no  registration  of  voters  shall  be  required  unless  provided 
for  by  ordinance. 

925 — 25.     (Ch.  604,  1907.) 
City   officers:    how   chosen.     SECTION  925 — 25.       1.     The 

mayor,  treasurer,  comptroller,  aldermen,  justices  of  the  peace 
and  supervisors  shall  be  elected  by  the  people.  The  other  offi- 
cers shall  be  elected  or  otherwise  selected  as  provided  by  ordi- 
nancj  approved  by  the  electors  of  the  dty  ;  provided,  that 
in  case  any  such  officer,  except  policemen,,  shall  be  appointed 
by  the  mayor,  such  appointment  shall  be  subject  to  confirmation 
by  the  council.  In  cities  ivhere  the  clerk  performs  the  duties 
of  comptroller,  the  clerk  shall  be  elected  by  the  people. 

Under  general  charter.  2.  In  all  cities  operating  under 
the  general  lair,  officers,  except  as  herein  specified,  shall  con- 


GENERAL   CHARTER   LAW   OF  WISCONSIN .        19 

HHUC  to  be  elected  <»•  appointed  in  the  manner  now  provided 
~by  law.  In  cities  adopting  the  general  law  all  officers  shall  con- 
fin  u<  to  be  elected  or  appointed  in  the  manner  prevailing  in 
site//  cities  at  UK-  lime,  of  the  adoption  of  the  general  law,  until 
changed  in  the  manner  herein  provided,  except  as  herein  other- 
wise provided. 

Initiative  and  referendum.  3.  Upon  petition  of  fifteen  per 
centum  of  the  electors  voting  at  the  last  preceding  election  the 
council  shall  submit  !/<<•  question  of  changing  the  manner  of 
election  of  any  city  official  to  the  method  specified  in  such  peti- 
tion except  as  to  those  officials  enumerated  in  section  1  of  this 
act  who  are  to  be  elected  by  the  people.  Thereafter  such  officers 
shall  be  elected  or  appointed  in  the  manner  determined  by  the 
electors  at  such  election. 

Cities ;  4th  class :  petition.  4.  In  cities  of  the  fourth  class 
the  clerk  and  other  officers,  may  be  elected  by  the  electors  at 
the  same  time  and  in  the  same  manner  as  other  officers  are 
elected,  upon  a  petition  asking  therefor  being  filed  in  the  office 
of  the  city  clerk  fifteen  days  prior  to  any  regular  municipal 
election,  signed  by  thirty  per  cent,  of  the  electors  of  such  city 
who  voted  at  the  last  general  election  then  next  preceding  as  ap- 
pears from  the  poll  list. 

Notice  of  election.  .7.  It  shall  be  the  duty  of  the  coun- 
cil and  the  proper  officers  of  any  city  of  the  fourth  class  to 
give  notice  of,  call  for  and  order  the  election  at  the  next 
election  and  thereafter  at  each  succeeding  election,  the  of- 
ficer or  officers  whose  title  of  office  is  specified  in  such  petition. 

Petition,  affairs.  6.  Such  petition  may  include  one  or  more 
or  all  of  the  officers  of  such  city,  and  the  notice  of  and  the 
order  for  the  election  shall  follow  and  include  the  officer  or 
officers  named  in  the  petition,  and  upon  like  petition,  signed  by 
a  majority  of  the  electors  asking  therefor,  any  common  council, 
of  any  city  of  the  fourth  class  by  ordinance  duly  passed  may 
provide  for  the  appointment  by  the  mayor  with  the  concurrence 
of  the  council  of  any  officers  of  such  city  excepting  the  office 
of  mayor,  aldermen,  treasurer,  supervisor  or  justice  of  the 
peace. 

925 — 26. 

Terms.  SECTION  925—26.  All  officers  shall  hold  their  offi- 
ces respectively  for  the  term  of  one  year,  except  justices  of  the 


20        GEXERAL   CHARTER   LAW  OF   WISCONSIN. 

peace  and  aldermen,  who  shall  hold  for  two  years  and  until 
their  successors  are  qualified,  unless  the  council  shall,  by  ordin- 
ance, provide  a  longer  term  for  said  officers  or  any  of  them, 
or  unle:-s  a  different  term  of  office  is  expressly  provided  in  this 
chapter;  provided,  that  this  section  shall  not  extend  the  terms 
of  any  city  officers  beyond  the  terms  for  which  they  were  orig- 
inally elected  or  appointed.  The  common  council  may  provide 
that  the  terms  of  the  aldermen  first  elected  after  the  adoption 
of  this  provision  shall  expire  in  different  years,  and  thereafter 
part  of  the  aldermen  shall  be  elected  each  year  and  hole!  for 
the  full  term. 

925 — 26a.      (Oh.  227,  1909.) 

Cities:  2nd,  3rd,  4th  class;  terms  of  office.  SECTION  925 
— 26a.  1.  In  cities  of  the  second,  third  and  fourth  classes,  the 
terms  of  office  of  all  city  officers  hereafter  chosen  by  the  elec- 
tors, except  aldermen  of  cities  governed  by  special  charter,  shall 
be  two  years ;  and  also  except  supervisors,  who  shall  be  elected 
annually,  and  their  term  of  office  shall  be  for  one  year,  unless 
otherwise  provided  for  in  cities  operating  under  special  char- 
ters, or  unless  the  common-  council  shall  by  ordinance  provide  a 
different  term  for  said  officers,  or  any  of  (he  in. 

Exception.  .2.  This  act  shall  not  affect  the  term  of  office  of 
any  city  officer  which  exceeds  two  years  : 

Aldermen.  3.  The  common  council  may.  by  ordinance  adopted 
and  published  at  any  time  previous  to  the  publication  of  notice 
of  the  .election  at  which  aldermen  are  to  be  elected,  provide 
for  the  division  of  the  aldermen  into  two  clashes,  one  class 
to  -Jbe  elected  for  two  years,  and  the  other  for  four  years 
and  thereafter  the  term  of  office  of  all  such  aldermen  shall  be 
four  years.  All  ordinances  ade>i>f<d  under  the. '  author rii;  herein 
granted  shall  l)e  deemed  adopted,  only  upon  Yhc  affirmative 
vote  of  two-thirds  of  the  members  elect  of  (lie  council,  v.liieli 
vote  shall  be  recorded. 

925—27. 

E^gibility.  SECTION  925 — 27.  No  person  shall  be  eligible  to 
an  office  created  by  the  provision  of  this  chapter  who  is  not 
at  the  time  of  his  election  a  citizen  of  the  United  Slates  raid  of 
this  state  and  resident  elector  -of  the  city :  nor  shall  any  per- 
son be  eligible  tu  any  ward  office  unless  he  shall  be  at  the  time 
a  resident  elector  of  the  ward  in  which  such  offic-3  exists. 


GENERAL   CHARTER   LAW   OF   WISCONSIN.        21 

925  —  28, 

Commencement  of  terms.  SECTION  925—28.  The  term  of 
office  of  the  mayor  and  aldermen  shall  commence  on  the  third 
Tuesday  of  April  succeeding  their  election  and  qualification. 
The  terms  of  all  other  officers  shall  commence  on  the  first  day 
of  May  succeeding  their  election  or  appointment  unless  other- 
wise provided  by  ordinance,  and  they  shall  hold  for  such  term 
as  has  been  provided  for  each  respectively  and  until  their  re- 
siKM-cssor.s  are  qualified. 


925  —  29. 

Elections,  how  held;  tie  vote.  SECTION  925—29.  All  elec- 
tions shall  be  by  ballot  and  plurality  of  votes  cast  shall  con- 
stitute an  election.  When  two  or  more  candidates  shall  receive 
an  equal  number  of  votes  for  the  same  office  the  election  shall 
be  determined  by  the  casting  of  lots  in  the  presence  of  the  coun- 
cil at  such  time  and  in  such  manner  as  such  council  shall  direct. 


925  —  29a.      (Ch.  -±!)3,  1907.) 

Certificate  of  election;  qualification.  SECTION  925  —  29a. 
To  the  person  elected  to  any  office  the  city  clerk  shall  issue  a 
certificate  of  election.  To  the  person  appointed,  a  certificate 
that  such  person  has  qualified  for  the  position  to  which  such  a 
person  is  appointed,  which  certificate  shall  be  filed  with  the 
secretary  of  the  commission  or  board  to  which  such  a  person  has 
been  appointed.  Thereupon  such  appointee  shall  be  deemed  to 
be  qualified  to  act  as  a  member  of  such  board  or  commission. 

925  —  30. 

Salaries,  how  fixed.  SECTION  925  —  30.  The  common  coun- 
cil shall  by  ordinance  provide  such  salary  or  compensation  for, 
the  officers  and  employes  of  the  city  as  it  shall  deem  .proper  ; 
provided,  that  in  -cities  of  the  second,  third  and  fourth  classes 
no  salary  shall  be  paid  to  the  mayor  or  members  of  the  council 
except  when  ordered  by  a  vote  of  three-fourths  of  the  mem- 
bers-elect of  the  council.  The  council  shall,  at  its  first  regular 
meeting  in  February,  fix  the  amount  of  salary  which  shall  be 
received  by  every  officer  entitled  to  a  salary,  who  may  be  elected 
or  appointed  during  the  ensuing  year,  which  shall  not  be  in- 
creased or  diminished  during  his  term  of  office  and  which  shall 
be  paid  out  of  the  city  treasury  at  the  end  of  each  month.  All 
salaries  heretofore  fixed  by  any  co'uncil  or  established  by  law 
shall  be  and  remain  the  salaries  of  such  officers  until  the  coun- 
cil shall  otherwise  determine  ;  provided,  however,  that  wrhere  any 


22        GENERAL   CHARTER   LAW  OF   WISCONSIN. 

new  city  shall  have  been  incorporated  and  officers  thereof  elected 
or  appointed  the  council  may  at  any  regular  meeting,  during  the 
term  .of  office  of  such  officers,  declare  and  fix  the  amount  of  com- 
pensation they  shall  receive. 

925 — 31. 

Vacancies,  how  filled.  SECTION  925 — 31.  When  any  officer 
shall  remove  from  the  city,  or  any  ward  officers  shall  remove 
from  his  ward,  or  any  such  officer  shall  refuse  or  neglect  for 
ten  days  after  official  notification  of  his  election  or  appointment 
to  qualify  arid  enter  upon  the  discharge  of  the  duties  of  his 
office,  the  office  shall  be  deemed  vacant;  and  whenever  a  vacancy 
shall  occur  in  any  office  where  the  officer  was  elected  by  the 
people  it  shall  be  filled  by  appointment  by  the  mayor,  such 
appointment  to  be  confirmed  by  the  council;  and  whenever  a 
vacancy  shall  occur  in  any  office  to  be  filled  by  appointment  the 
same  proceedings  shall  be  had  to  fill  such  vacancy  as  are  pro- 
vided for  in  case  of  an  appointment  in  the  first  instance. 

925 — 31b.      (Oh.  493,  1907.) 

Mayor:  vacancy.  SECTION  925 — 31  b.  A  vacancy  in  the 
office  of  the  mayor  shall  be  filled  by  the  common  council,  the 
person  selected  to  hold  office  until  the  first  Tuesday  in  April, 
succeeding,  when  the  vacancy  shall  be  filled  by  an  election.  The 
person  so  elected  by  the  common  council  shall  be  elected  in  the 
same  manner  a;s  the  president  of  the  common  council. 

925 — 31c.      (Oh.  493,  1907.) 

Salaries;  no  additional  pay.  SECTION  925 — 31c.  No  of- 
ficer or  employe  receiving  a  salary  from  any  city,  whether  or- 
ganized^ under  general  or  special  law,  shall  receive  for  service 
of  any  kind  or  nature  rendered  such  city  any  compensation 
therefor  other  than  the  salary  fixed  and  provided  for  such  of- 
fice. This  act  ^hall  apply  to  all  officials  now  serving  .or  here- 
after elected  or  appointed  to  public  place. 

925 — 32. 

Special  elections.  SECTION  925 — 32.  Special  elections  to 
fill  vacancies  or  for  any  other  purpose  shall  be  held  and  con- 
ducted by  the  inspectors  and  clerks  of  election  of  the  several 
election  precincts  in  the  same  manner  and  the  returns  thereof 
shall  be  made  in  the  same  form  and  manner  as  of  the  general 
municipal  elections,  and  within  such  time  as  is  prescribed  by  law. 


GENERAL   CHARTER   LAW   OF   WISCONSIN. 

925 — 33. 

Term  of  office.  SECTION  925—33.  Every  person  elected  or 
appointed  to  fill  a  vacancy  shall  hold  his  office  and  discharge 
the  duties  thereof  for  the  unexpired  term. 

925 — 34. 

Oath  of  office.  SECTION  925—34.  Every  person  elected  or 
appointed  to  any  office  shall,  before  he  enters  upon  the  discharge 
of  the  duties  thereof,  take  and  subscribe  the  oath  of  office  pro- 
vided for  by  the 'constitution,  and  file  the  same  with  the  city 
clerk  within  ten  days  after  notice  of  his  election  or  appointment ; 
and  in  case  of  his  failure  to  do  either  the  office  shall  be  deemed 
vacant. 

925 — 35. 

Bonds.  SECTION  925—35.  The  treasurer,  comptroller,  jus- 
tices of  the  peace,  constables  and  such  other  officers  as  the  council 
may  direct  shall,  before  entering  upon  the  discharge  of  the 
duties  of  their  respective  offices,  execute  and  deliver  to  the  city 
a  bond  in  such  sum  as  the  council  may  determine,  with  two  or 
more  sureties,  conditioned  for  the  faithful  discharge  of  the 
duties  of  their  respective  offices,  and  with  such  other  conditions 
as  the  council  may  prescribe ;  the  council  may  at  any  time  re- 
quire new  and  additional  bonds  of  any  officer.  All  bonds  must 
be  approved  by  the  mayor,  and  when  so  approved  shall  be  filed 
in  the  office  .of  the  city  clerk  within  ten  days  after  the  officer 
executing  the  same  shall  have  been  notified  of  his  election  or 
appointment,  and  when  so  approved  and  filed  shall  be  recorded 
by  the  city  clerk  in  a  book  kept  for  that  purpose ;  such  clerk  shall 
annex  to  each  such  record  a  certificate  that  the  same  is  a  true 
oopy  of  the  original,  and  sucji  record  shall  be  prima  facie  evi- 
dence of  the  contents  of  such  bond  and  in  the  absence  of  the 
original  may  be  used  as  evidence  in  all  courts.  Justices  of  the 
peace  and  constables  shall  also  give  a  bond  as  required  by  statute. 

925 — 36. 

Removal  of  officers.  SECTION  925 — 36.  Every  person 
elected  or  appointed  to  any  office  may  be  removed  therefrom  by  a 
vote  of  three-fourths  of  all  the  members  of  the  council ;  but  no 
such  officer  shall  be  removed  except  for  cause  nor  unless  charges 
are  preferred  against  him  and  an  opportunity  given  him  to  be 
heard  in  his  defense.  The  council  may  compel  the  attendance  of 
witnesses  and  the  production  of  papers  when  necessary  for  the 
purpose  of  such  hearing,  and  shall  proceed  within  ten  days  after 


24        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

the  charges  are  filed  with  the  city  clerk  to  hear  and  determine  the 
ease  upon  its  merits.  The  mayor  may  suspend  any  officer 
against  whom  charges  have  been  preferred  until  the  disposition 
of  the  same  and  appoint  an  officer  to  fill  the  vacancy  tempor- 
arily until  the  charges  have  been  disposed  of.  Any  officer  ap- 
pointed by  the  mayor  without  confirmation  under  the  provisions 
tof  this  chapter  may  be  removed  by  him  when  he  deems  it  for  the 
best  interest  of  the  city. 


Chapter  VI. — Officers,  Their  Powers  and  Duties. 

925 — 37. 

Mayor  city  first  class.  SECTION  925 — 37.  In  cities  of  the 
first  class  the  mayor  shall  be  the  chief  executive  officer,  the 
head  of  the  fire  department  and  of  the  police.  He  shall  take 
care  that  the  laws  of  the  state  and  the  ordinances  of  the  city  are 
observed  and  enforced  and  that  all  officers  of  the  city  discharge 
their  respective  duties.  He  shall  from  time  to  time  give  the 
council  such  information  and  recommend  such  measures  as  IK- 
may  deem  advantageous  to  the  city.  Except  as  otherwise  pro- 
vided he  shall  appoint  all  policemen,,  and  in  case  of  a  riot  or 
other  disturbance  may  appoint  as  many  special  policemen  as  he 
may  deem  necessary.  He  shall  have  power  to  sign  or  veto  any 
ordinance  passed  by  the  council.  Should  he  refuse  to  approve 
any  ordinance,  rule,  regulation,  claim  or  resolution  appropriat- 
ing money  or  creating  a  debt  or  liability  he  shall  communicate 
his  objections  in  writing  to  the  council  within  three  days  (Sun- 
days and  legal  holidays  excepted)  after  such  law,  ordinance, 
rule,  regulation  or  resolution  is  submitted  for  his  approval.  If 
upon  the  return  of  such  veto  message  three-fourths  of  the  com- 
mon council  elect  vote  for  the  passage  of  such  ordinance,  rule, 
regulation,  claim  or  resolution  the  same  shall  be  considered 
legally  passed  notwithstanding  such  objections, 

925 — 38. 

Mayor:  cities  of  other  classes.  SECTION  925 — 38.  In  cities 
of  the  second,  third  and  fourth  classes  the  mayor  shall  be  the 
chief  executive  officer  and  head  of  the  fire  and  of  the  police  de- 
partments ;  he  shall  take  care  that  the  laws  of  the  state  and  the 
ordinances  of  the  city  are  observed  and  enforced  and  that  all 
officers  of  the  city  discharge  their  respective  duties.  He  shall 
from  time  to  time  give  the  council  such  information  and  recom- 
mend such  measures  as  he  may  deem  advantageous  to  the  city. 


GENERAL   CHARTER   LAW   OF  WISCONSIN.        25 

When  present  he  shall  preside  at  the  meetings  of  the  council; 
he  shall  sign  all  agreements,  contracts,  licenses  and  permits 
granted  by  the  council  and  approve  or  otherwise  act  upon  all 
claims  allowed  by  it;  he  shall  appoint  all  policemen  and  may, 
in  case  of  a  riot  or  other  emergency,  appoint  as  many  special 
policemen  as  may  be1  necessary.  He  shall  have  the  veto  power. 
Shculd  he  refuse  to  approve  any  ordinance,  rule,  regulation, 
claim  or  resolution  appropriating  money  or  creating  a  debt 
or  liability  he  shall  file  with  the  city  clerk  objections  in  writ- 
ing within  five  days  after  such  ordinance,  rule,  regulation,  claim. 
or  resolution  is  submitted  to  him  for  approval,  such  objections 
to  bo  presented  to  the  council  at  its  next  meeting.  If  upon  the 
return  of  such  veto  message  three-fourths  of  all  the  members 
of  the  common  council  vote  for  the  passage  of  such  ordinance, 
rule,* regulation,  claim  or  resolution  the  same  shall  be  considered 
legally  passed  notwithstanding  such  objections. 

925 — 38a.      (Ch.  190,  1907.) 

President  of  council;  election;  acting  mayor.  SECTION 
925 — 38a.  In  cities  of  the  first  class  the  co'imcil  at  its  first 
meeting  after  its  organization  biennially  shall  choose  from  their 
number  a  president,  by  viva  vcpe  vote  upon  a,  roll  call,  who  shall 
preside  over  the  meetings  of  the  common  council  during  two 
years.  The  vote  by  which  a  president  of  the  council  is  elected 
shall  be  entered  upon  the  minutes  of  the  proceedings  of  the 
council.  No  election  shall  be  valid  unless  the  vote  is  so  entered. 
In  case  of  a,  vacancy  in  the  office  of  mayor,  or  during  his  ab- 
sence or  inability  from  airy  cause  to  perform  the  duties  of  his 
office,  the  president  of  the  council  shall  have  and  exercise  all 
the  powers  and  discharge  all  the  duties  of  mayor  until  he  shall 
resume  his  office  or  the  vacancy  be  filled  by  an  election.  When 
so  acting  such  president  shall  be  styled  "acting  mayor,"  but 
as  acting  mayor  he  shall  not  have  authority  to  sign  or  approve 
any  ordinance,  rule,  regulation,  claim,  resolution,  warrant  or 
other  proceeding  whatsoever  which  the  mayor  has  refused  to 
sign  and  communicated  his  refusal  to  the  council. 

925 — 38b.      (Ch.  493,  1907.) 

Appointments:  confirmation.  SECTION  925— 38b.  The 
appointments  to  public  office  by  the  mayor  of  all  cities  shall  be 
subject  to  confirmation  by  the  common  council,  unless  other- 
wise provided  by  law.  An  appointee  to  any  office  rejected  by 
the  common  council  shall  be  ineligible  for  appointment  to  fFe 
same  office  for  one  year  thereafter. 


26        GENERAL   CHARTER   LAW  OF   WISCONSIN, 

925 — 39. 

Vacancy;  cities  1st  class.  SECTION  925 — 39.  In  cities  of 
the  first  class  the  council  at  its  first  meeting  after  its  organiza- 
tion in  each  year  shall  choose  from  their  number  a  president, 
who  shall  preside  over  their  meetings  during  the  ensuing  year. 
In  ca&e  of  a  vacancy  in  the  office  of  mayor,  or  during  his  ab- 
sence or  inability  from  any  cause  to  perform  the  duties  of  his 
office,  the  president  of  the  council  shall  have  and  exercise  all  the 
powers  and  discharge  all  the  duties  of  mayor  until  he  shall  re- 
sume his  office  or  the  vacancy  be  filled  by  an  election.  When 
so  acting  such  president  shall  be  styled  "acting  mayor;"  but 
as  acting  mayor  he  shall  not  have  authority  to  sign  or  ap- 
prove any  ordinance,  rule,  regulation,  claim,  resolution,  warrant 
or  other  proceedng  whatever  which  the  mayor  has  refused  to 
sign  and  communicated  his  refusal  to  the  council. 

925 — 40. 

Same ;  in  other  classes.  SECTION  925 — 40.  In  cities  of  the 
second,  third  and  fourth  classes  the  council  at  its  first  meeting 
after  organization  in  each  year  shall  choose  from  its  number  a 
president,  who,  in  the  absence  of  the  mayor,  shall  preside  at  all 
meetings  of  such  council,  and  during  the  absence  or  inability 
of  the  mayor  to  discharge  the  duties  of  his  office  shall  exercise 
all  the  power  and  discharge  all  the  duties  of  the  mayor.  The 
president,  while  presiding  at  meetings  of  the  council  or  perform- 
ing the  duties  of  the  mayor,  shall  be  styled  "acting  mayor," 
and  any  act  performed  by  him  in  such  capacity  shall  have  the 
same  force  and  effect  as  if  performed  by  the  mayor;  but  such 
president  as  acting  mayor  shall  have  no  authority  to  sign  or 
approve  any  ordinance,  rule,  regulation,  claim,  resolution,  war- 
rant or  other  proceeding  -whatever  which  the  mayor  has  refused 
to  sign  and  communicated  such  refusal  to  the  council. 

925 — 40m.      (Ch.   103,   1909.) 

Vacancy:  mayor,  aldermen;  2nd,  3rd,  4th  class.  SEC- 
TION 925 — 40m.  In  cities  of  the  second,  third  and  fourth  classes 
where  a  vacancy  shall  occur  in  the  office  of  mayor  or  alderman 
by  reason  of  death,  resignation,  permanent  removal  from  the 
city  or  ward,  or  oilier  cau&z,  the  council  shall  forthwith  proceed 
to  fill  such  vacancy  by  the  election  of  a  qualified  elector  of  the 
said  city  to  hold  such  office  until  a- successor  shall  be  elected. and 
qualified.  Such  successor  shall  fo  chosen  at  the  municipal 
election  to  be  held  on  the  first  Tuesday  in  April  next  succeeding, 
and  in  case  there  is  no  municipal  election  to  be  held  in  such  year, 


GENERAL  CHARTER  LAW  OF  WISCONSIN.   27 

\thcn  at  a  special  election  l<>  /><  h<l<i  an  lln  first  Tuesday  in  April 
y  the  occurrence  of  xnch   rncanrij. 


925  —  41. 

Clerk,  appointment,  etc.  SECTION  925  —  41.  The  city  clerk 
:shall  have  the  care  and  custody  of  the  corporate  seal  and  all 
papers  and  records  of  the  city.  It  shall  be  his  duty  to  attend 
all  meetings  of  the  council  and  keep  a  full  record  of  their  pro- 
ceedings, to  record  all  ordinances  and  bonds  in  a  book  kept  for 
that  purpose,  to  keep  a  record  of  all  licenses  granted,  which  rec- 
ord shall  at  all  reasonable  times  be  open  to  inspection  by  the  pub- 
lic, to  carefully  preserve  all  receipts,  filed  with  him  and  draw 
and  sign  all  orders  upon  the  treasury,  except  as  otherwise  herein 
provided,  in  pursuance  of  an  order  or  resolution  of  the  common 
council  and  keep  a  full  and  correct  account  thereof  in  books 
provided  for  that  purpose.  He  shall  have  such  power  and  au- 
thority and  perform  such  duties  as  clerks  of  cities  and  villages 
may  he  re<i>,iired  to  perform  under  the  general  laws.  He  shall 
keep  an  accurate  account  with  the  treasurer  and  charge  him  with 
all  tax  lists  presented  to  him  for  collection  and  all  sums  of 
money  paid  into  the  treasury.  In  cities  of  the  second,  third  and 
fourth  clashes  he  shall  be  ex-offic:o  secretary  of  the  board  of  pub- 
lic works  and  board  of  school  commissioners,  and  shall  perform 
such  other  duties  as  may  be  required  of  him  by  the  council. 
Within  thirty  days  after  the  close  of  each  fiscal  year  he  shall 
'make  and  cause  to  he  published  in  the  official  city  paper  a  finan- 
cial statement  showing  the  receipts  and  disbursements  on  account 
of  each  fund  during  the  last  preceding  fiscal  year.  Copies  of 
any  and  all  books,  papers,  documents  or  instruments  duly  filed 
and  kept  in  his  office  and  transcripts  from  the  records  of  the  pro- 
ceedings of  the  council,  certified  by  him  under  the  corporate  seal 
of  the  city,  shall  be  evidence  in  all  courts  and  places  in  like  man- 
ner and  with  the  same  force  and  effect  as  if  the  originals  were 
produced.  He  shall  also  have  power  to  administer  oaths  and 
affirmations  authorized  to  be  taken  by  and  under  these  statutes. 
Every  such  clerk  may  in  writing  appoint  a  deputy  and  shall  file 
-such  appointment  in  his  office;  such  deputy  shall  aid  in  the  per- 
formance of  the  duties  of  such  clerk  under  his  direction,  and  in 
case  of  h's  absence  or  disability  or  of  a  vacancy  in  his  office 
-shall  perform  all  such  duties  during  such  absence,  disability  or 
the  continuance  of  such  vacancy;  and  every  such  clerk  and  his 
sureties  shall  be  liable  upon  his  official  bond  for  the  acts  of  such 
deputy. 


28        GENERAL   CHARTER   LAW   OF    \YIsro\SIX. 

925 — 42. 

City  attorney.  SECTION  1)25 — 42.  The  city  attorney  shall 
conduct  all  the  law  business  et"  the  city  and  of  the  departments 
thereof  and  all  other  law  business  in  which  the  city  shall  be  in- 
terested; he  shall,  when  requested,  furnish  written  opinions  upon 
subjects  submitted  to  him  by  the  mayor  -or  council  or  any  of  its 
committees  or  any  other  department.  He  shall  keep  a  docket  of 
all  the  cases  to  which  the  city  may  be  a  party  in  any  court  of 
record,  in  which  shall  be  briefly  entered  all  steps  taken  in  each 
cause,  which  docket  shall  at  all  reasonable  hours  be  open  to  pub- 
lic inspection.  It  shall  also  be  his  duty  to  draft  all  ordinances, 
bonds,  contracts,  leases,  conveyances  and  such  other  instruments 
as  may' be  required  by  the  officers  of  the  city,  to  examine  and  in- 
spect tax  and  assessment  rolls  and  all  other  proceedings  in  refer- 
ence to  the  levying  and  collection  of  taxes  and  assessments,  and 
to  perform  such  other  duties  as  may  be  prescribed  by  the  charter 
and  ordinances.  He  may  appoint  an  assistant,  who  shall  have 
power  to  do  all  the  acts  required  by  law  of  the  city  attorney; 
provided,  that  he  shall  be  responsible  to  the  city  for  the  acts  of 
such  assistant,  and  that  the  city  shall  not  be  liable  for  nor  have- 
any  authority  to  pay  compensation  to  such  assistant. 

925 — 43. 

Treasurer.  SP;CTION  925—43.  The  city  treasurer  shall  col- 
lect all  city,  county  and  state  taxes,  receive  all  moneys  belonging 
to  the  city,  keep  an  accurate  'account  of  the  same  in  suitable 
bo-o-ks  prepared  for  that  purpose,  and  pay  over  the  money  in  his 
hands  according  to  law.  He  shall  keep  a  detailed  account  of  the 
money  received  and  disbursed  by  him  in  such  manner  as  the 
council  shall  direct;  his  books  shall  at  all  reasonable  times  be 
open  to  inspection  by  any  voter  of  the  city.  He  shall  make  a  re- 
port to  the  council  each  month  and  as  much  oftener  as  required, 
which  report  shall  embrace  a  statement  of  the  receipts  and  dis- 
bursements in  his  office,  and  ten  days  preceding  every  annual 
election  he  shall  make  and  file  in  the  city  clerk's  office  a  full  and 
minute  report  of  all  the  moneys  received  and  disbursed  by  him, 
of  all  tax  certificate^  vouchers  and  other  effects  of  pecuniary 
value  in  his  possession,  and  of  all  other  transactions  relating  to- 
his  office  from  the  date  of  the  like  report  of  his  predecessor  to 
the  date  of  the  report  required  to  be  made  out  by  him.  He  shall 
keep  an  accurate  account  of  each  of  the  separate  funds  in  his 
custody.  Except  as  herein  and  otherwise  provided  he  shall  have 
such  power  and  authority  and  perform  such  duties  as  treasurers 
in  villages  and  towns  are  required  to  perform  under  these  stat- 


GENERAL   CHARTER   LAW  OF   WISCONSIN.        29 

ates.  Ho  shall  receive  no  fees  or  per  diem  except  the  salary  fixed 
by  the  council  prior  to  his  election,  but  all  fees  collected  by  him 
shall  be  paid  into  the  city  treasury  at  the  end  of  each  month. 

925 — 44. 

Comptroller:  city  1st  class.  SECTION  925 — 44.  In  cities 
of  the  first  class  the  comptroller  shall,  on  or  before  the  first 
day  of  October  in  each  year,  make  to  the  council  a  detailed  state- 
ment of  the  expenses  of  the  city  and  the  several  wards  thereof 
during  the  last  fiscal  year,  and  such  report  shall  also  contain  a 
statement  of  the  estimated  expenses  of  the  current  fiscal  year,  as 
the  same  has  been  prepared  by  the  council,  and  an  estimate  of 
the  probable  income  for  that  year  from  sources  other  th'an  taxa- 
tion. He  shall  examine  all  estimates  made  by  the  board  of  pub- 
lic works  of  public  work  to  be  done  and  all  contracts  made  by 
them,  and  shall  countersign  the  same  if  they  are  legal  and  the 
necessary  funds  shall  have  been  provided  for  the  proposed  work ; 
and  no  such  contract  shall  be  valid  until  so  countersigned.  He 
shall  keep  a  list  of  all  certificates  for  the  payment  of  which 
special  taxes  are  to  be  levied,  and  make  and  file  with  the  city 
clerk  a  list  of  all  the  special  taxes  to  be  levied  each  year  in  time 
for  their  insertion  in  the  tax  roll  in  the  form  of  a  schedule  of 
special  taxes,  and  shall  certify  the  correctness  of  the  same,  and 
such  certified  schedule  shall  be  prima  facie  evidence  of  the  legal- 
ity and  regularity  of  the  taxes  levied  in  pursuance  thereof.  He 
shall  report  monthly  to  the  council  the  condition  of  the  several 
funds  of  the  city  and  a  statement  of  all  outstanding  contracts 
and  claims  which  will  be  payable  out  of  each  fund.  All  claims 
and  demands  against  the  city  founded  on  contract  shall  be 
audited  and  adjusted  by  him,  and  he  shall  make  a  monthly  state- 
ment to  the  council  of  such  claims,  and  n>o  such  claim  shall  be  al- 
lowed until  it  shall  have  been  so  certified.  He  shall  examine  and 
countersign  all  city  orders  before  the  same  shall  be  valid.  He 
may  administer  oaths  and  take  testimony  as  to  any  question 
which  it  may  be  his  duty  to  decide,  and  shall  keep  a  record  of 
all  his  acts  and  d  ings,  which  shall  be  open  to  the  inspection  of 
all  persons.  He  may  appoint  a  deputy  for  whose  action  he  shall 
!»<•  responsible,  and  such  deputy  may  act  for  his  principal  during 
Ms  sickness  or  absence. 

Comptroller:  other  cities.  SECTION  925—45.  In  all  other 
cities  the  comptroller  shall,  on  or  before. the  first  day  of  October 
in  each  year,  file  with  the  city  clerk  a  detailed  statement  of  the 


30        GENERAL   CHARTER  LAW   OF   WISCONSIN. 

expenses  of  the  city  and  the  wards  thereof  during  the  last  fiscal 
year,  and  such  statement  shall  also  contain  an  estimate  of  the- 
expenses  of  the  fiscal  year  and  the  income  for  that  year  from 
sources  other  than  taxation.  He  shall  countersign  all  contracts 
made  with  the  city  if  the  necessary  funds  shall  have  been  pro- 
vided to  pay  the  liability  that  may  be  incurred  thereunder,  and 
no  such  contract  shall  be  valid  until  so  countersigned.  He  shall 
make  a  list  of  all  certificates  for  the  payment  of  which  special 
taxes  are  to  be  levied  in  each  year  in  time  for  the  same  to  be  in- 
serted in  the  tax  roll  in  the  form  of  a  schedule  of  special  taxes, 
and  certify  the  correctness  of  the  same,  and  such  certified  sched- 
ule shall  be  prima  facie  evidence  of  the  legality  and  regularity  of 
the  taxes  levied  in  pursuance  thereof;  but  no  irregularity  in 
the  making  of  such  list  shall  invalidate  any  such  special  tax,  He 
shall  report  monthly,  in  writing,  to  the  council  the  condition  of 
the  several  funds  of  the  city  and  of  the  condition  of  all  outstand- 
ing contracts  and  claims  which  may  be  payable  out  of  each  fund. 
He  shall  examine  and  countersign  all  city  orders  before  the  same 
shall  be  valid,  but  shall  not  countersign  any  order  before  the 
money  is  in  the  treasury  to  pay  the  same.  He  shall  examine  all 
claims  presented  against  the  city,  whether  founded  on  contract 
or  otherwise,  and  determine  as  to  each  whether  it  is  properly 
itemized  and  sworn  to ;  if  on  contract,  whether  the  items  charged 
are  correct,  whether  such  claim  was  incurred  by  proper  author- 
ity, and  generally  determine  its  correctness.  For  the  above  pur- 
poses he  may  swear  witnesses  and  take  testimony.  If  he  does 
not  find  any  objection  to  any  claim  he  shall  mark  his  approval 
thereon ;  if  he  disapproves,  or  approves  in  part  and  disapproval 
in  part,  he  shall  report  to  the  council  his  reasons  therefor,  and  in 
all  cases  shall  report  the  evidence  taken  by  him.  No  claim  shall 
be  considered  by  the  council  or  referred  to  a  committee  till  it 
shall  have  been  thus  examined  and  reported  on  by  the  comp- 
troller. He  shall  examine  each  month  the  treasurer's  accounts 
as  reported  and  kept  by  him  and  report  as  to  the  correctness  of 
the  same,  and  also  any  violation  by  the  treasurer  of  his  duties  in 
the  manner  of  keeping  his  accounts  or  disbursing  moneys.  The 
comptroller  shall  procure  a  claim  book  at  the  expense  of  the  city, 
in  which  all  claims  against  it  shall  be  entered  as  fast  as  the  same 
are  filed;  said  book  shall  be  provided  with  an  index  and  be  in 
such  form  as  to  provide  for  the  entry  of  the  name  of  the  claim- 
ant, number  of  claim,  date  of  filing,  amount  claimed,  date  of  the- 
report  of  the  comptroller,  whether  approved  and  for  how  muchr 
date  of  allowance  or  disallowance  by  the  council,  amoun"  allowed, 
date  of  the  order  issued  to  pay  the  same,  number  of  such  order 


GENERAL   CHARTER   LAW   OP  WISCONSIN.        31 

and  date  of  cancellation  of  the  same.  The  comptroller  shall  per- 
form the  duties  of  a  member  of  the  board  of  public  works  and 
such  other  duties  as  are  required  of  him  under  the  provisions  of 
this  chapter  or  by  the  council.  In  case  the  office  of  comptroller 
is  dispensed  with  the  duties  pertaining  thereto  shall  be  discharged 
by  such  officer  or  officers  or  board  as  the  council  shall  designate 
by  resolution  or  ordinance. 

925 — 46.     (Ch.  2,  1909.) 

Cities  4th  class:  newspaper  publications.  SECTION  925— 
46.  The  council,  in  cities  of  the  fourth  class,  at  its  first  meeting 
or  as  soon  thereafter  as  may  be,  shall  designate  one  or  more 
newspapers  printed  in  the  city,  if  there  be  any  printed  in  such 
oily,  and  if  not,  shall  designate  a  newspaper  having  a  general 
circulation  in  said  city  and  printed  in  the  county  in  which  such 
city  is  located,  in  which  shall  be  published  all  ordinances,  notices, 
and  other  proceedings  required  by  law  to  be  published,  and  said 
council  may  establish  by  ordinance  such  rates  for  such  printing 
and  publishing  as  to  them  may  seem  just  and  proper,  provided, 
that  the  price  for  such  printing  shall  not  exceed  the  legal  rate 
for  like  work  as  the  same  is  or  may  be  established  by  law,  and 
in  cities  in  which  no  newspaper  is  printed,  all  ordinances,  notices, 
ami  <>tli<  r  proceedings  required  by  laiv  to  be  published,  shall  be 
posted  in  three  public  places  in  said  city. 

925 — 46a. 

Advertising  and  publication  of  proceedings.  SECTION 
925 — 46a.  The  council  of  cities  of  the  second  and  third  classes, 
and  of  all  cities  incorporated  under  a  special  charter  and  having 
a  population  in  excess  of  ten  thousand  and  less  than  fifty  thou- 
sand, shall,  on  or  before  the  second  Tuesday  of  April  in  each 
year,  direct  the  clerk  of  said  city  to  advertise  in  the  official' news- 
paper or  newspapers,  if  there  be  such,  and  if  not,  in  any  news- 
paper published  in  such  city,  for  proposals  to  do  the  advertising 
for  said  city  in  the  English  language  for  the  next  ensuing  year 
thereafter  and  for  the  publication  of  all  ordinances,  notices  and 
for  all  the  city  advertising  required  by  law  or  any  resolution  or 
ordinance  of  the  council,  and  also  for  proposals  to  publish  the 
proceedings  of  the  council  in  the  English  language  as  may  be 
ordered  thereby.  Such  advertisement  shall  invite  separate  bids 
for  the  advertising  required  and  for  publishing  such  proceedings, 
and  invite  such  b'ds  from  all  daily  newspapers  published  regu- 
larly in  said  city  for  at  least  two  consecutive  years  next  prior  to 
the  date  of  the  bids,  if  two  or  more  such  papers  are  published 


32        GENERAL   CHARTER    LAW   OF   WISCONSIN. 

therein ;  and  if  there  be  no  two  such  papers,  then  from  all  news- 
papers published  regularly  at  least  once  a  week  in  said  city  for 
not  less  than  two  consecutive  years  next  prior  to  the  date  of  the 
bids ;  and  shall  require  the  delivery  of  such  proposals  in  writing, 
duly  sealed  and  directed  to  said  clerk,  on  or  before  the  first 
Tuesday  of  May  of  the  then  current  year.     No  bids  for  either 
kind  of  work  shall  be  considered  by  said  clerk  except  from  a 
newspaper  which  has  been  so  published.     Such  bond  or  deposit 
shall  be  required  with  each  bid  as  the  council  may  direct.  Said 
clerk  shall,  on  the  first  Tuesday  of  May  in  each  year,  at  twelve 
o'clock  noon,  in  the  presence  of  the  mayor  or  an  alderman,  open 
all  such  bids  or  proposals,  and  thereupon,  in  such  presence,  enter 
upon  a  record  to  be  kept  by  him  for  that  purpose  all  said  pro- 
posals for  either  kind  of  work  with  the  respective  prices  for 
which  such  newspaper  or  newspapers  shall  offer  to  do  either  the 
advertising  or  the  publication  of  said  proceedings.     And  there- 
upon said  clerk  shall  transmit  all  such  proposals  to  the  council 
at  the  next  meeting  held  after  the  opening  thereof,  and  a  state- 
ment of  all  such  proposals,  designating  therein  the  newspaper  or 
newspapers  which  shall  have  offered  respectively  to  do  such  ad- 
vertising or  such  publication  of  proceedings,  or  both,  at  the  low- 
est prices  for  the  year  ensuing.     The  council  shall  thereupon  at 
said  meeting  by  resolution  designate  and  award  such  advertising 
and  such  publication  to  the  newspaper  or  newspapers  published 
in  said  city  which  shall  respectively  offer  to  do  such  advertising 
and  such  publication  of  proceedings,  or  either  thereof,   at  the 
lowest  price  for  the  year  then  ensuing.     And  if  two  or  more  bids 
shall  be  received  for  either  such  advertising  or  publication  for 
the  same  price,  then  such  advertising  or  publication  or  bnth  shall 
be  let  to  such  lowest  bidding  newspaper  or  newspapers  as  the 
council  may  elect.     And  whenever  the  successful  bidder  for  the 
advertising  or  for  the  publication'  of  proceedings  as  aforesaid, 
or  for  both,  shall  have  executed  the  contract,  he  or  they  shall  ex- 
ecute and  file  with  the  city  clerk  such  bond  f:.r  the  faithful  per- 
formance of  such  contract  as  the  council  may  require,  and  after 
such  contract  and  bond  shall  have  been  duly  approved  as  afore- 
said such  newspaper  or  newspapers  shall  thereupon  publish  all 
s*uch  ordinances,  notices,  council  proceedings  and  other  proceed- 
ings as  are  required  by  the  charter,  by  resolution  or  ordinance  of 
the  council  to  be  published  in  a  newspaper,  and  which  such  news- 
papers shall  have  contracted  to  publish  for  the  compensation 
specified  in  their  proposals  and  contract,  and  no  lower  or  higher, 
and    shall   receive    no    other   compensation   therefor:    provided, 
however,  that  said  council  shall  reject  all  bids  exceeding  legal 


GEXKkAL  CHARTER  LAW  OP  WISCONSIN.   33 

rates  for  like  work,  and  in  case  of  the  rejection  of  all  bids  for 
either  advertising  or  publication  of  proceedings  for  such  cause  it 
shall  thereupon  be  the  duty  of  the  said  council  to  direct  said 
clerk  to  readvertise  for  proposals  for  such  advertising-  or  publi- 
cation, as  the  case  may  be,  in  the  manner  hereinbefore  provided, 
and  said  clerk  shall  thereafter  transmit  to  said  council  the  pro- 
posals so  received  by  him  in  the  manner  aforesaid.  The  said 
council  shall  designate  the  newspaper  or  newspapers  receiving 
the  contract  for  such  advertising  as  the  proper  official  newspaper 
or  newspapers  of  the  city. 

925 — 46m.      (Ch.  249,  1909.) 

School  boards :  proceedings ;  printing,  publication.  SEC- 
TION 925 — 46m.  The  official  proceedings  of  regular  and  special 
meetings  of  boards  of  education  in  all  incorporated  cities  and 
villages  in  this  state,  including  a  full  statement  of  all  receipts 
and  expenditures,  shall  be  printed  and  published  in  such  man- 
ner as  the  board  of  education  shall  direct. 

925 — 47. 

Proof  of  publication.  SUCTION  925 — 47.  When  any  ordi- 
nance, notice,  resolution  or  other  proceeding  shall  have  been  pub- 
lished a  copy  of  such  publication,  together  with  the  affidavit  of 
the  printer  or  his  foreman,  stating  the  length  of  time  the  same 
has  been  published,  shall  be  filed  with  the  city  clerk,  and  such 
affidavit  shall  be  conclusive  evidence  of  the  publication  thereof, 
and  the  bill  for  such  publication  shall  not  be  audited  until  such 
affidavit  is  so  filed. 

* 

925 — 48. 

Duties  of  other  officers.  SECTION  925 — 48.  All  other  of- 
ficers elected  or  appointed  under  and  by  virtue  of  the  authority 
of  this  chapter  shall  perform  such  duties  as  are  required  to  be 
performed  by  like  officers  under  these  statutes  and  also  such  as 
are  prescribed  by  the  council. 


Chapter  VII. — The  Common  Council,  Its  Powers. 

925 — 49. 

How  constituted;   ordinances;  mayor's  vote.       SECTION 

925 — 49.     The  mayor  and  aldermen  shall  constitute  the  common 

council,  and  the  style  of  all  ordinances  shall  be:  "The  common 

council  of  the  city  of  -         -  do  ordain  as  follows."     Whenever 

3 


34       GENERAL  CHARTER  LAW  OP  WISCONSIN. 

in  this  chapter  a  majority  or  a  certain  proportion  of  the  members 
of  the  common  council  is  required  to  take  any  action  or  to  form  a 
quorum,  the  mayor  shall  not  be  counted  in  determining  such 
majority  or  proportion;  nor  shall  the  mayor  have  any  vote  ex- 
cept in  case  of  a  tie. 

925 — 49a,     (Ch.  190,  1907.) 

Ordinances:  style;  unfinished  business.  SECTION  925— 
49a.  In  cities  of  the  first  class  the  aldermen  elected  from 
the  various  wards  and  the  aldermen  at  large,  when  elected  in 
any  city,  shall  constitute  the  common  council  and  the  style  of 
all  ordinances  shall  be  "the  common  council  of  the  city  of— 

—  do  ordain."  The  common  council  shall  be  a  continuing 
body,  and  unfinished  business  pending  before  it  shall  not  lapse 
or  go  down  with  the  council  year,  but  all  pending  business  be- 
fore the  common  council,  or  any  committee  thereof,  at  the  term- 
ination of  any  council  year,  shall  be  considered  as  pending  be- 
fore the  common  council  of  the  next  succeeding  council  year, 
or  the  corresponding  committee  thereof,  and  may  be  acted  upon 
and  disposed  of  by  the  council  of  such  succeeding  year  as  if 
no  change  in  the  council  had  taken  place,  by  the  expiration  of  a 
council  year. 

925 — 50. 

Meetings.  SECTION  925—50.  The  council  shall  hold  its  first 
meeting  in  each  year  on  the  third  Tuesday  of  April,  and  shall 
thereafter  hold  a  regular  meeting  on  the  first  Tuesday  of  each 
month,  and  at  such  other  times  as  the  council  may  direct.  The 
mayor  may  call  a  special  meeting  by  a  written  notice  to  each  of 
the  members,  to  be  served  personally  or  left  at  their  several 
places  of  abode  at  least  six  hours  prior  to  the  time  for  such 
meeting. 

925 — 51. 

Rules;  quorum;  proceedings;  ayes  and  noes.  SECTION 
925 — 51.  The  common  council  shall  determine  the  rules  of  its 
own  proceedings.  Two-thirds  of  the  members  shall  constitute  a 
quorum  for  the  transaction  of  business,  excepting  in  cities  where- 
in the  council  does  not  exceed  five  members,  and  in  such  cities  a 
majority  of  the  members  thereof  shall  constitute  such  quorum, 
but  a  smaller  number  may  adjourn ;  their  sessions  shall  be  open 
to  the  public ;  the  ayes  and  noes  may  be  required  by  any  mem- 
ber ;  and  on  the  adoption  of  any  ordinance  or  resolution  assessing 
or  levying  taxes  or  for  the  appropriation  or  disbursement  of 


GENERAL   CHARTER  LAW  OF  WISCONSIN.       35 

money  or  creating  any  liability  or  charge  against  the  city  or  any 
fund  thereof  the  vote  shall  be  taken  by  ayes  and  noes,  and  every 
such  vote  shall  be  entered  at  length  upon  the  journal.  The 
council  shall  be  the  judge  of  the  election  and  the  qualifications 
of  its  own  members,  and  may  punish  them  or  other  persons 
present  by  fine  for  disorderly  behavior ;  may  compel  the  attend- 
ance of  its  members  upon  its  meetings,  and  employ  the  police  of 
the  city  for  that  purpose;  may  fine  or  expel  any  member  for 
neglect  of  duty  as  such  member  or  for  unnecessary  absence  from 
sessions  of  the  council.  At  all  confirmations  by  the  council  the 
vote  shall  be  taken  viva  voce  and  shall  be  recorded  by  the  clerk 
in  the  journal;  a  concurrence  -of  a  majority  of  all  the  members 
shall  be  necessary  to  a  confirmation. 

925 — 52. 

Powers  of  council,  enumeration  of.  SECTION  925 — 52.  The 
council  shall  have  the  management  and  control  of  the  finances 
and  of  all  the  property  of  the  city,  except  as  herein  otherwise 
provided,  and  shall  likewise,  in  addition  to  all  other  powers  here- 
in and  elesewhere  in  these  statutes  vested  in  them,  have  full 
power  and  authority  to  make,  enact,  ordain,  establish,  publish, 
enforce,  alter,  modify,  amend  and  repeal  all  such  rules,  by-laws 
and  regulations  for  the  government  and  good  prder  of  the  city, 
for  the  benefit  of  its  trade  and  commerce,  and  health  of  the  in- 
habitants thereof,  for  the  prevention  of  crime  and  for  carrying 
into  effect  the  powers  vested  in  said  council  as  they  shall  deem 
expedient;  such  council  shall  have  power  to  declare  and  impose 
penalties  and  enforce  the  same  against  any  person  or  persons 
who  may  violate  any  of  the  provisions  of  such  ordinances,  rules, 
by-laws  or  regulations;  and  such  ordinances,  rules,  by-laws  and 
regulations  shall  have  the  force  of  law,  provided  that  they 
be  not  repugnant  to  the  constitution  of  the  United  States 
•or  of  this  state  or  of  the  la.ws  thereof;  and  for  the  aforesaid  pur- 
poses such  council  shall  have  authority  by  ordinance,  resolution, 
by-law  or  regulation : 

1.  To  license,  regulate  or  prohibit  the  .exhibition  of  common 
showmen  or  shows  <»!'  any  kind,  or  exhibitions  of  caravans,  cir- 
cuses or  theatrical  performances,  billiard  tables,  bowling  saloons, 
nine  or  ten  pin  alleys,  and  provide  for  the  abatement  and  re- 
moval of  the  same  under  the  ordinances  of  said  city  and  the 
laws  of  the  state;  and  may  grant  licenses  for  and  regulate  arro- 
ceries,  tavern  keepers,  keepers  of  ordinaries,  saloons,  victualing 
houses  or  other  houses  or  places  for  the  selling  or  giving  away  of 
spirituous,  vinous  or  fermented  liquors;  provided,  that  in  case 


36        GENERAL   CHARTER  LAW  OF   WISCONSIN. 

an  application  for  a  license  is  denied  the  council  shall  not  have 
authority,  until  after  the  succeeding  first  day  of  May,  to  grant 
any  license  for  dealing  in  or  vending  such  liquors  by  the  same 
person  at  the  same  place ;  provided  further,  that  the  council  may 
establish  saloon  limits  by  ordinance,  which  said  limits  shall  not 
be  extended  except  by  a  vote  in  favor  of  the  same  of  three- 
fourths  of  all  the  members  thereof;  and  provided  further,  that 
no  such  license  shall  be  granted  except  by  a  majority  vote  of  all 
the  members  of  the  council ;  and  the  person  to  whom  it  is  granted 
shall  give  a  bond  in  such  form,  in  such  sum  and  with  such  con- 
ditions as  the  council  may  determine,  with  two  or  more  sureties, 
and  no  person  shall  sign  more  than  one  bond  as  principal  or  two 
bonds  as  surety. 

2.  To  restrain,  prohibit  or  suppress  all  descriptions  of  gamb- 
ling and  fraudulent  devices  and  practices. 

3.  To  license,  regulate,  suppress  or  prohibit  concerts  or  other 
musical  entertainments  by  itinerant  persons  or  companies,   ex- 
hibitions of  natural  or  artificial  cur o  :ities  and  all  other  exhibi- 
tions and  amusements. 

4.  To  prevent  and  suppress  riots,  noise,  disturbance  or  dis- 
orderly assemblages  and  disorderly  houses  and  houses  of  ill-fame. 

5.  To  compel  the  owner  or  occupant  of  any  grocery,  cellar, 
tallow  chandler's  shop,  soap  factory,  tannery,  stable,  barn,  privy, 
sewers  or   other  unwholesome   or   nauseous   bouse  or   place   to 
cleanse  the  same   from  time  to  time,   or  remove   or  abate  the 
same,  as  it  may  deem  necessary  for  the  health,  comfort  and  con- 
venience of  the  inhabitants  of  said  city. 

6.  To  direct  the  management  of  and  regulate  breweries,  tan- 
neries and  packing-houses,  and  direct  the  location,  management 
and  construction  of,  and  regulate,  license,  restrain,  abate  or  pro- 
hibit within  the  city  and  within  a  distance  of  four  miles  there- 
frcinT  distilleries,  slaughtering  establishments,  glue  factories,  es- 
tablishments  for  cleaning  or  rendering  lard,   tallow,  offal  and 
such  other  substances  as  can  or  may  be  rendered,  and  all  estab- 
1'shments  or  places  where  any  nauseous,  offensive  or  unwholesome 
business   may   be   carried   on;    provided,    that   the    Milwaukee, 
Menominee  and  Kinnickinnic  rivers  with  their  branches  to  the 
outer  limits  of  the  county  of  Milwaukee,  and  all  canals  connect- 
ing with  sa'd  rivers,  together  with  the  lands  adjacent  to  said 
rivers  and  canals  or  within  -one  hundred  yards  thereof,  shall  be 
deemed  to  bo  within  the  jurisdiction  of  the  city  of  Milwaukee. 

7.  To  direct  the  location  and  management  of  public  markets. 

8.  To  regulate  butchers  and  regulate  or  restrain  the  sale  of 
game,   poultry,   fresh   meat,   vegetables,   fish,   butter,   fruit   and 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       37 

other  provisions  within  the  city,  and  appoint  an  inspector  or 
inspectors  of  food  and  prescribe  their  duties  and  compensation, 
and  cause  the  seizure  and  destruction  or  other  disposition  of 
tainted  or  unwholesome  meat,  butter,  vegetables,  fruit  or  pro- 
visions. 

9.  To   direct    or   prohibit   the   location   and   management   of 
houses  for  the  storage  of  gunpowder  and  other  dangerous  and 
combustible  materials. 

10.  To  regulate  or  restrain  the  keeping  and  conveying  of  gun- 
powder and  other  combustible  and  dangerous  materials  and  the 
use  of  candles  and  lights  in  barns,  stables  and  outhouses. 

Storage  of  acids;  fire  apparatus.  lOa.  (Ch.  55,  1903.) 
It  shall  be  lawful  for  all  cities  within  this  state  by  ordinance, 
to  license  the  storage  and  use  of  nitric,  sulphuric  and  other 
acids,  the  fumes  or  vapors  from  which  will  cause  death  to  human 
beings  by  inhalation,  and  to  regulate  the  storage  thereof,  and  for 
all  cities  of  the  first  class  by  ordinance  to  provide  buildings  with 
a  sufficient  number  of  automatic  stream  and  distributing  noz- 
zles, such  buildings  and  the  number  of  nozzles  to  be  determined 
by  the  chief  of  the  fire  department  and  building  inspector  of 
said  cities. 

I'l.  To  prohibit  the  shooting  of  fire-arms  and  crackers  and  the 
exhibition  or  use  of  any  fireworks  at  any  time  or  in  any  man- 
ner which  may  be  considered- by  the  council  dangerous  to  the 
city  or  to  any  property  therein  or  annoying  to  the  citizens 
thereof. 

12.  To   prohibit   the    incumbering   of   the   streets,    sidewalks, 
lanes,  alleys,  public  grounds,  wharves  and  docks  with  carriages, 
carts,  wagons,  sleighs,  sleds,  wheelbarrows,  bicycles,  boxes,  lum- 
ber, firewood,  timber,  posts,  signs,  awnings  or  any  substance  or 
material  or  in  any  manner  whatsoever. 

13.  To  prohibit  horse-racing  and  immoderate  riding  or  driv- 
ing in  the  streets. 

14.  To  prohibit  and  punish  the  abuse  of  animals. 

15.  To  compel  persons  to  fasten  their  horses,  oxen  or  other 
animals  attached  to  vehicles  or  otherwise  while  standing  or  re- 
maining in  any  street,  alley  or  public  ground. 

16.  To  regulate  and  determine  the  times  and  places  of  bath- 
ing and  swimming  in  the  canals,  rivers,  harbors  or  other  waters 
in  and  adjo-ining  the  city,  <and  to  prevent  any  obscene  or  in- 
decent exposure  or  conduct. 

17.  To  restrain  and  punish  vagrants,  mendicants,  street  beg- 
gars and  prostitutes,  and  restrain  drunkards,  immoderate  drink- 


38       GENERAL  CHARTER  LAW  OF  WISCONSIN, 

ing  or  obscenity  in  the  streets  or  public  places,  and  provide  for 
arresting,  removing  and  punishing  any  person  or  persons  who 
may  be  guilty  of  the  same. 

18.  To  prohibit  the  running  at  large  of  dogs  and  authorize 
the  destruction  of  the  same  in  a  summary  manner  when  at  large 
contrary  to  the  ordinances. 

19.  To  provide  for  licensing  the  keeping  of  dogs  at  a  rate  of 
not  less  than  one  dollar  nor  more  than  ten  dollars  a  year  for 
each  dog,  require  that  a  badge  or  token  be  carried  by  each  li- 
censed dog,  and  provide  for  the  secure  muzzling  of  licensed  or 
unlicensed  dogs. 

20.  To  license  and  regulate  hackmen,  draymen,  cartmen,  port- 
ers, ominibus  drivers,  cabmen  and  carmen,  whether  in  the  per- 
manent employment  of  <any  corporation  or  not,  and  any  other 
person  who  may  pursue  a  like  occupation,  with  or  without  vehi- 
cles, prescribe  their  compensati-coi  and  establish  and  change  from 
time  to  time  stands  for  hacks  and  other  public  vehicles. 

21.  To  prohibit  or  regulate  the  rolling  of  hoops,  flying  of  kites, 
playing  of  ball  or  other  amusements  or  practices  having  a  tend- 
ency to  annoy  persons  passing  on  the  streets  or  sidewalks  or  to 
frighten  teams  and  horses. 

22.  To   regulate,   control  or  prohibit  the  landing  of  persons 
from  boats  or  vessels  wherein  are  contagious  or  infectious  dis- 
eases or  disorders,  and  make  such  disposition  of  such  persons 
a,s  to  preserve  the  health  of  the  inhabitants  of  said  city ;  and  also 
to  make  regulations  to  prevent  the  introduction  of  contagious 
diseases  into  the  city  or  the  spread  of  the  same  therein ;  to  make 
quarantine  laws  or  regulations  and  enforce  the  same  within  the 
city  and  not  to  exceed  five  miles  beyond  the  city  limits. 

23.  To  establish  hospitals  and  provide  for  their  regulation  and 
support. 

24.  To  do  all  acts  and  make  all  regulations  which  may  be 
^necessary  or  expedient  for  the  preservation  of  health  and  the 
"suppression  of  disease. 

25.  To  regulate  the  burial  of  the  dead  and  the  registration  of 
births  and  deaths;   purchase   and  hold  ground  for  cemeteries 
within  or  without  the  city  limits  and  exercise  jurisdiction  and 
control  thereof;  direct  the   returning  a,nd  keeping  of  bills  of 
mortality,  and  impose  penalties  on  physicians,  sextons  and  others 
for  any  default  in  the  premises. 

26.  To  regulate,  restrain  or  prohibit  the  running  at  large  of 
cattle,  horses,  mules,  swine,  sheep  or  other  animals,  and  authorize 
the  distraining,  impounding  and  sale  of  the  same  for  the  penalty 
incurred  and  the  costs  of  proceedings,  and  also  to  impose  pen- 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       39 

alties  on  the  owners  of  any  such,  animals  for  a  violation  of  any 
such  ordinance. 

27.  To  regulate  the  holding  of  public  auctions. 

28.  To    prescribe    and    regulate    the    construction    of   sjewers 
within  the  city. 

2!).  (Ch.  37,  1909.-)  To  locate,  purchase  sites,  and  let  con- 
tracts for  the  erection  and  construction  of  public  buildings,  ac- 
quire by  gift,  grant,  devise,  donation,  purchase,  or  condemna- 
tion lands,  or  Itie  equity  of  redemption  therein  for  public  parks, 
-playgrounds  and  other  public  purposes,  and  sell,  dispose  of,  and 
convey  the  same ;  and  to  /told  and  redeem  for  said  purposes  any 
suck  equity  heretofore  or  /tereafter  purchased. 

The  acquisition  or  retention  of  such  equity  of  redemption  shall 
not,  however,  create  any  liability  on  the  part  of  the  city  to  pay, 
satisfy,  or  discharge  any  bonds  issued  or  any  mortgage  or  trust 
deed  upon  said  lands  executed  prior  to  the  purchase  of  such 
equity,  nor  shall  said  bonds,  wortagage,  or  trust  deed  be  deemed 
or  construed  to  l)e  an  indebtedness  or  liability  against  said  city. 

30.  To  lay  out,  make,  open  and  keep  in  repair,  alter  or  dis- 
continue any  highways,  streets,  lanes  and  alleys,  keep  them  free 
from  incumbrances  and  protect  them  from  injury.  The  pro- 
visions uf  section  904:  shall  apply  to  proceedings  for  discontinu- 
ing highways,  streets,  lanes  or  alleys  as  herein  provided. 

* 

Streets,  sidewalks,  electric  wires  (Ch.  119,  1907).  31. 
To  establish  and  alter  the  grade  of  streets  and  sidewalks;  regu- 
late the  manner  of  using  the  streets  and  pavements;  protect 
the  same  from  injury  by  vehicles  used  thereon;  require 
standaid  sidewalks  to  be  laid  upon  such  street  or  streets  or 
part  thereof  as  it  may  prescribe;  declare  any  sidewalk  or  part 
thereof  unsafe,  defective  or  insufficient,  and  that  the  same  be 
removed  and  replaced  with  a  new  standard  sidewalk  or  one 
as  good  as  the  standard,  to  be  approved  by  the  board  of  pub- 
lic works,  at  the  expense  of  the  owner  or  owners  of  the  lots 
or  parcels  of  land  abutting  upon  that  portion  of  the  street  or 
streets  upon  which  said  sidewalk  is  ordered  to  be  built  or  re- 
moved, and  cause  the  expense  thereof  incurred  by  the  city  in 
front  of  each  said  abutting  lot  or  parcel  of  land  to  be  charged 
to  such  lot  or  parcel  of  land  as  a  special  tax  and  collected  like 
other  city  taxes  upon  real  estate ;  all  proceedings  as  to  the  con- 
struction of  sidewalks  and  the  collection  of  the  cost  thereof  to 
conform  to  the  provisions  of  sections  925 — 201  to  925 207  in- 
clusive; and  to  establish  districts,  in  cities  of  the  first,  second 
and  third  classes  and  in  all  cities  of  the  fourth  class  having  a 


40       GENERAL  CHARTER  LAW  OF  WISCONSIN. 

population,  according  t<>  tin  /</«/  *lat<  or  federal  census  of  fire 
thousand  inhabitants  or  over,  within  which  all  electric  light  or 
power,  telephone,  telegraph  or  other  wires  may  in  the  same 
ordinance  establishing  sueh  districts  he  ordered  to  he  placed 
under  ground  and  all  poles  now  or  hereafter  used  to  support 
sueh  wires  shall  he  removal  In  in  the  streets  in  such  districts, 
and  to  provide  a  penally  toi  the  violation  of  the  provisions  of 


:V2.   To  name  or  change  the  name  of  any  street. 

:W.  To  make  and  establish  public  p  und<.  pumps,  wells,  cis- 
terns and  reservoirs,  provide  for  the  erection,  maintenance  and 
operation  nf  watei-weiks  for  the  supply  of  water  to  the  inhab- 
itants of  the  city,  to  supply  such  city  with  water  for  fire  pro- 
tection and  other  purposes:  and  to  secure  the  erection  of  water- 
works said  city  may.  by  contiact  or  ordinance,  grant  to  any 
person.  pers»  n>.  company  or  corporation  the  full  right  and 
privilege  to  build  and  own  such  water-works  and  to  maintain, 
operate  and  icgulate  the  same;  and  in  doing  so  to  use  the 
streets,  alleys  and  br'dges  of  the  city  in  laying  and  maintaining 
the  necessaiy  pipe  lines  and  hydrants  for  such  term  of  years 
and  on  such  conditions  as  may  be  prescribed  by  such  crdinanee 
or  contract :  and  may  also  by  contract  or  ordinance  provide  for 
supplying  liom  such  water-works  the  city  with  water  for  fire 
protection  and  for  other  puipovs.  and  also  the  inhabitants 
thereof  with  water  for  such  term  of  years,  for  such  price,  in 
such  manner  and  subject  to  such  limitations  as  may  be  fixed 
thereby. 

34.  (Ch.  209,  1905.)  To  provide  for  lighting  the  streets. 
public  grounds  and  buildings  with  gas  or  otherwise,  and  heat- 
ing buildings  with  steam  or  otherwise  and  for  furnishing  light 
and  heat  to  the  inhabitants  of  such  city  upon  such  terms  as 
may  be  provided  by  ordinance;  and  for  such  purpose  may 
own  and  operate  its  own  lighting  and  heating  plants,  or  con- 
tract by  ordinance  or  otherwise  with  any  person,  persons,  com- 
pany or  corporation,  for  a  term  not  exceeding  ten  years  at  any 
one  time,  at  such  price,  on  such  terms  and  subject  to  such  limi- 
tations as  may  be  prescribed  by  such  ordinance  or  contract; 
Provided,  that  the  foregoing  provision  for  furnishing  light  and 
heat  to  the  inhabitants  shall  not  apply  to  cities  of  the  first  class. 

of>.   To  estahlish  and  regulate  boards  of  health. 

;*b'.  To  provide  for  the  abatement  or  removal  of  all  nuisances 
under  the  ordinances  or  at  common  law.  and  the  punishment  of 
the  authors  thereof  or  persons  continuing  the  same  bv  penalties 
of  fine  or  imprisonment,  and  define  and  declare  what  shall  be 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       41 

deemed  nuisances;  but  nothing  herein  shall  be  construed  to  oust 
{i ny  court  (,!'  jurisdiction  to  enjoin  or  direct  the  abatement  and 
removal  of  nuisances  in  the  streets  or  any  other  part  of  the  city 
or  within  its  jurisdiction  by  indictment  or  otherwise. 

:\1.  To  prohibit  any  per-  n  from  bringing,  depositing  or  hav- 
ing within  the  limits  of  the  city  any  putrid  carcass  or  other 
unwholesome  substance,  and  require  the  removal  or  destruction 
of  the  same  by  any  person  who  shall  have  upon  or  near-  his  prem- 
ises any  such  substances,  or  any  putrid  or  unsound  rX'of,  pork, 
fisli  or  hides,  and  on  his  default,  authorize  the  removal  or  de- 
struction thereof  by  some  officer  or  officers  of  the  city  at  the 
expense  of  such  petson  or  persons. 

UH.  To  prohibit  the  ringing  of  bells,  blowing  of  horns  and 
bugles,  crying  of  g  .ods,  and  all  other  noises,  performances  and 
devices  tending  to  the  collection  of  persons  on  the  streets  or 
sidewalks  by  auct'oneers  or  others  for  the  purpose  of  business, 
amusement  or  <.1herwi:-e. 

.'W.  To  regulate  or  prohibit  the  use  of  steam  whistles  within 
the  limits  of  the  city. 

40.  To    piovide    for  sprinkling  the   streets  at  the  cost  of  the 
city  or  ol  the  lots  <  r  parts  of  lots  flouting  thereon. 

41.  To  compel  the  owners  or  occupants  of  buildings  or  grounds 
to  remove  and  keep  snow,  ice,  dirt  or  rubb'sh  from  the  sidewalV, 
street,    or    alley    opposite    thereto,    and    to    remove    from    the    lots 
owned  or  occupied  by  them  all  such  substances  as  the  board  of 
health  shall  direct  ;  and,  on  their  default,  authorize  the  removal 
or  destruetion  thereof  by  some  officer  of  the  city  at  the  expense 
of  such  owners  or  occupants. 

42.  To  prohibit  all  persons  from  riding  or  driving  any  horse, 
ox,  mule  or  other  animal  on  any  sidewalk  in  said  city  or  in  any 
way    doing   da.mage   to  such    sidewalks. 

43.  To  regulate  the  sale  of  bread  within  the  city,  prescribe 
the  si/o  and  weight  of  bread  in  the  haf  arid  the  quality  of  the 
same,  and  provide  for  the  sei/ure  and  forfeiture  of  bread  bilked 
contrary  to  such  regulations. 

44.  To  require  every  merchant,  reta'ler,  trader  and  dealer  in 
merchandise   or    property   of  any    description    which   is  sold  by 
measure  or    weight    to   e;iuse    his    weights    and   measures  to  be 
sealed.  ;nid    provide   lor  the   punishment  of   persons   using  false 
weights  and  measures.     The  standard  <>f  such  weights  and  meas- 
ures shall    be  conformable  to  those  established  by  law. 

4.1.  To  regulate  the  weighing  ;md  sale  of  hay,  coal  and  lime, 
and  the  places  thereof;  the  measuring  and  sale  of  wood;  the 
cutting  and  sale  of  ice  ;md  to  restrain  the  sale  of  impure  ice. 


42       GENERAL  CHARTER  LAW  Otf  WISCONSIN. 

46.  To  license  and  regulate  auctioneers,  distillers,  brewers  and 
pawnbrokers   and   keepers   or   proprietors   of   junk   shops   and 
places  for  the  sale  and  purchase  of  second-hand  goods,  wares 
and  merchandise. 

47.  To  license,  regulate  or  restrain  hawkers,  peddlers  and  run- 
ners or  solicitors  for  steamboats,  vessels,  cars,  railroads,  stages, 
public  houses  and  other  establishments,  and  other  runners  or 
solicitors  for  mercantile  houses  from  other  cities  or  towns  for 
the  sale  of  goods,  wares  and  merchandise  by  sample,  order  or 
otherwise;  and  keepers  or  proprietors  of  gift  book  stores,  gift 
concerts  and  other  gift  enterprises;  fix  and  regulate  the  amount 
of  licenses  under  this  subdivision,  prescribe  the  time  for  which 
such  licenses  shall  be  granted,  provide  and  enforce  penalties  for 
carrying  on  either  of  said  trades,  kinds  of  business  or  employ- 
ments without  license,  and  regulate  the  manner  in  which  they 
shall  be  carried  on;   provided,   that  no  such   license   shall  be 
granted  for  a  less  term  than  three  months  nor  for  a  longer  term 
than  one  year. 

48.  To  regulate  or  prohibit  the  keeping  of  any  lumber  yard 
and  the  placing,  piling  or  selling  of  lumber,  timber,  wood  or 
other  combustible  material  within  the  fire  limits  of  said  city. 

49.  To  provide  for  the  inspection  and  regulation  of  stationary 
steam-engines  and  boilers. 

50.  To  provide  for  the  appointment  of  inspectors,  weighers 
and  gangers,  regulate  their  duties  and  prescribe  their  fees. 

51.  To  regulate  the  use  of  locomotive  engines  within  the  city, 
direct  and  control  the  location  of  railroad  tracks  in  the  streets, 
regulate  the  speed  of  railway  trains  within  the  city  and  require 
railway  companies  to  construct  and  maintain  at  their  own  ex- 
pense such  bridges,  viaducts,  tunnels  or  other  conveniences  at 
public  railroad   crossings  as  the  council  may  deem    necessary; 
also  to  regulate  the  running  of  street  railway  cars,  the  laying 
down  of  tracks  for  the  same,  the  transportation  of  passengers 
thereon  and  the  kind  of  rail  to  be  used. 

52.  To  provide  for  the  appointment  of  watchmen  and  police- 
men, regulate  the  police  and  prescribe  their  duties. 

53.  To  compel  the  owners  and  occupants  of  all  houses,  stores 
and  other  buildings  to  number  the  same  in  such  manner  as  the 
council  may  from  time  to  time  prescribe. 

54.  To  declare  the  weed  commonly  called  the  Canada  thistle 
and  other  noxious  plants  and  weeds  in  the  city  a  public  nui- 
sance and  provide  for  the  abatement  of  the  same,  as  the  city  is 
authorized  by  law  to  abate  other  nuisances. 

55.  (Ch.  99,  1903.)     To  direct  and  regulate  and  require  the 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       43 

planting  and  preserving  of  ornamental  shade  trees  in  and  along 
the  streets  and  on  the  public  grounds,  and  may  require  traces  to 
be  planted  by  the  owners  of  lots  in  front  of  said  lots  and  all  im- 
proved, streets  and  may  plant  trees  and  charge  the  expense  there- 
of against  the  lot  and  may  authorize  all  of  said  work  to  be  done 
by  and  under  the  jurisdiction  of  the  park  commissioner. 

56.  To  erect  and  construct,  or  permit,  cause  or  procure  to 
be  erected  and  constructed,  float,  pivot  or  draw  bridges  over  the 
navigable  or  other  waters  within  the  jurisdiction  of  the  city, 
keep  the  same  in  repair  and  regulate  the  use  there'of;  said 
bridges  to  have  draws  of  suitable  width  when  necessary  for  the 
purposes  of  navigation. 

f>7.  To  provide  fo/  the  preservation  of  any  harbor  within  or 
of  the  city ;  prevent  any  use  o<f  the  same  or  of  such  part  of  any 
lake,  river,  stream,  spring  or  pond  as  is  within  the  city  or  any 
action  in  relation  thereto  inconsistent  with  or  detrimental  to 
the  public  health  or  calculated  to  render  the  water  of  the  same 
or  any  part  thereof  impure  or  offensive,  or  tending  in  any  de- 
gree to  fill  up  or  obstruct  the  same;  prohibit  and  punish  the 
casting  or  depositing  therein  of  any  earth,  dead  animals,  ashes 
or  other  substance,  or  filth,  logs  or  floating  matter;  prohibit  and 
remove  all  obstructions  therein  and  provide  for  the  punishment 
of  the  authors  thereof;  rcgulale  and  prescribe  the  mode  and 
speed  of  vessels  entering  and  leaving, the  harbor,  of  passing  the 
bridges  and  or'  coming  to  and  departing  from  the  wharves  and 
streets  of  the  city  by  steamboats,  canal  boats  and  other  craft 
and  vessels,  and  the  disposition  of  the  sails,  yards,  anchors  and 
appurtenances  thereto  while  entering,  leaving  or  abiding  in  the 
harbor,  and  regulate  and  prescribe  by  such  ordinances  or 
through  their  harbor-master  or  other  authorized  officer  such  lo- 
cation of  every  canal-boat,  steamboat  or  other  craft  afloat,  and 
such  changes  of  situation  in  and  use  of  the  harbor  as  may  be 
necessary  to  promote  order  therein  and  the  safety  and  equal 
convenience,  as  near  as  may  be,  of  all  such  vessels,  boats,  craft 
and  floats,  and  impose  penalties  not  exceeding  one  thousand 
dollars  for  any  offense  against  such  ordinance,  and  by  such  or- 
dinance to  charge  such  penalties,  together  with  such  expenses 
as  may  be  incurred  by  the  city  in  enforcing  this  subdivision, 
upon  the  steamboat,  canal-boat  or  other  vessel,  craft  or  float. 

58.  To  establish  dock  lines,  regulate  the  construction  of  piers 
and  wharves  extending  into  any  lake  or  navigable  waters,  pre- 
scribe and  control  the  prices  to  be  charged  for  pierage  or  wharf- 
age thereon,  and  regulate,  prescribe  and  control  the  prices  to 
be  charged  for  dockage  and  storage  within  the  city.. 


44       GENERAL  CHARTER  LAW  OF  WISCONSIN, 

59.  To  lease  the  wharfing  privileges  of  the  rivers  and  navi- 
gable waters  at  the  ends  of  streets  upon  such  terms  and  condi- 
tions as  may  be  reserved  in  the  leasing  of  other  real  estate,  re- 
serving such  rent  as  may  be  agreed  upon  and  employing  such 
remedies  in  case  of  non-performance  of  any  covenants  in  such 
case  as  are  given  by  law  in  other  cases;  but  no  buildings  shall  bi: 
erected  on  the  ends  of  streets.     The  owner  or  owners  of  the  ad- 
joining lot  or  lots  shall  in  all  cases  have  preference  in  leasing 
such  property,  and  a  free  passage  over  the  same  for  all  persons, 
with  their  baggage,  shall  be  reserved  in  such  lease. 

60.  To  authorize  the  taking  up  and  to  provide  for  the  safe- 
keeping and   education,   for   such   perirds  of  time   as   may  be 
deemed  expedient,  of -all  children  who  are  destitute  of  proper 
parental  care  and  growing  up  in  mendicancy,  ignorance,  idle- 
ness or  vice. 

61.  To  authorize  the  arrest,  fine   and   imprisonment  of  vag- 
rants  or   persons  who,   not  having   visible  means   to  maintain 
themselves,  are  without  employment,  idly  loitering  or  rambling 
about  or  staying  in  groceries,   drinking  saloons,  houses  of  ill- 
fame,  houses  of  bad  repute,  gambling  hi/uses,  railroad  depots, 
fire-engine  houses  or  other  buildings  or  structures,  or  who  shall 
be  found  trespassing  in  the  night-time  upon  the  private  prem- 
ises of-  others,  or  begging  or  placing  themselves  in  the  streets 
or  other  thoroughfares  or  public  places  to  beg  or  receive  alms; 
also  keepers,  exhibitors  or  visitors  at  any  gaming  table,  gaming 
house  or  place  of  fortune  telling  or  cock-fighting,  and  all  persons 
who  go  about  for  the  purpose  of  gaming,  or  who  shall  have  in 
their  possession  any  article  or  thing  used  for  obtaining  money 
under  false  pretenses,  or  who  shall  disturb  any  place  where  pub- 
lic or  private  schools  are  held  either  on  week  day  or  Sunday,  or 
places  where  religious  worship  is  held. 

62.  To  prohibit  the  carrying  of  concealed  weapons  and  pro- 
vide for  the  confiscation  or  sale  of  such  weapons. 

63.  To  control    and    regulate    the    construction    of  buildings, 
chimneys  and  smokestacks,  and  prohibit  the  erection  or  making 
of  any  insecure  or  unsafe  building,  stack,  wall  or  chimney  in  the 
city,  and  declare  them  nuisanc.es  and  provide  for  their  summary 
abatement. 

64.  To  regulate  or  prohibit  the  use  of  any  hall,  theater,  opera 
house,  church,  school-house  or  building  of  any  kind  whatsoever 
to  be  used  for  the  assemblage  of  people  unless  the  same  is  pro- 
vided with  ample  means  for  the  safe  and  speedy  egress  of  per- 
sons therein  assembled,  in  case  of  alarm. 

65.  To  improve  such   portions  of  any   lake  or  river  as   are' 


GENERAL   CHARTER  LAW  OF  WISCONSIN.       45 

within  the  cily   and  establish  the  shore  lines  thereof  so  far  as 
existing  shores  are  marsh. 

66.  (Ch.  Cl,  1S99.)     To  regulate  bicycles  and  the  use  thereoi 
upon  the  streets  and  public  places,  and  provide  for  the  use  of 
bells  and  lights  thereon. 

67.  No   council   shall   have  power  to   permit  the   running  at 
large  upon  the  streets  or  public  grounds  of  the  city  of  any  cat- 
tle, 'horses,  mules,  asses,  hogs1,  sheep,  goats,  geese  or  poultry. 

68.  Laws,  ordinances,  regulations  and  by-laws  shall  be  adopted 
by  an  affirmative  vote  of  a  majority  of  all  the  members  of  the 
council  and  shall,   within  fifteen   days  'after  their  passage,   be 
published  in  the  official  paper  or  papers  of  said  city  before  the 
same  shall  be  in  force. 

69.  (190,  1907.)   In  cities  rf  the  first  class  the  common  council 
shall  have  power  by  ordinance  duly  passed  in  addition  to  the 
powers  now  possessed, 

(a)  To    declare   certain    streets,    boulevards    and   thorough- 
fares and  to  limit  the  use  thereof;  to  prohibit  heavily  laden 
wagons  or  other  conveyances  from  passing,  being  hauled  or  pro- 
pelled thereon.     All  streets  heretofore  declared  by  law,  boule- 
vards, and  the  use  thereof  limited,  shall  continue  as  such  until 
the  acts  designating  the  same  as  such  are  repealed. 

(b)  In  such  cities  owning  or  which  may  hereafter  own  water- 
works, by  ordinance  adopted  by  a  two-thirds  vote   of  all  the 
members  elect,  to  fix  uniform  rates  to  be  paid  for  the  use  of 
water  furnished  by  such  city. 

(c)  To  establish  public  decks  and  to  regulate  the  use  of  the 
same. 

Cd)  To  issue  bonds  for  doing;  such  dredging  and  docking 
and  the  purchasing  and  establishing  of  publ'c  docks  and  the 
making  of  such  ( ther  harbor  improvements  as  such  city  may 
do  or  make. 

70.  (Ch.   244,   1907.)   School   houses   and   grounds   appurten- 
ant thereto,  under  the  direction  of  the  proper  school  authorities, 
may    be   used   fvr  public   meeting:?  -of  a  social  and  educational 
nature   in   addition  to  the   purposes   for  which  such  buildings 
are  now  authorized  to  be  used. 

Bill  boards.  71.  (Ch.  302,  1907.)  To  license  and  regulate 
bill  boards  and  may  limit  the  size  and  determine  the  location 
thereof. 

925 — 52h.      (Ch.  671,  1907.) 

Cities,  second,  third  class:  police  pensions.  SECTION 
925— 52h.  In  every  city  of  the  second  or  third  class  in  this 


46       GENERAL  CHARTER  LAW  OF  WISCONSIN. 

state,  however  incorporated,  the  common  council  shall  make 
provision  annually  and  from  time  to  time  as  may  be  needed  for 
the  pensioning  of  disabled  and  superannuated  members  of  police 
departments  and  the  widows  and  orphans  of  deceased  members 
thereof. 

925 — 52i.     (Ch.  671,  1907.) 

Sources  of  pension  fund.  SECTION  925 — 52i.  For  the 
purpose  of  establishing  a  permanent  police  pension  fund  said 
common  councils  shall  cause  to  be  set  apart  and  to  be  retained 
and  set  apart  by  the  treasurers  of  such  cities  all  moneys  re- 
ceived from  dog  licenses  and  one  per  cent,  of  all  moneys  received 
from  all  other  licenses.  There  shall  be  deducted  from  the 
monthly  pay.  of  each  member  of  the  police  department  a  sum 
equal  to  one  per  cent,  of  such  monthly  pay,  which  shall  be 
added  to  such  fund ;  also  all  moneys  deducted  for  time  lost 
by  members  on  account  <.f  sickness;  and  there  shall  also  be 
paid  and  added  to  said  fund  all  rewards  earned  and  received 
by  members  of  such  departments,  and  all  moneys  received  from 
sales  of  unclaimed  property;  and  any  and  all  moneys  and 
property  of  every  nature  devised,  bequeathed  or  donated  there- 
to. 

925 — 52j.     (Ch.  671,  1907.) 

Board  of  trustees:  members,  accounts,  SECTION  925— 
52j.  The  mayor,  treasurer  and  city  comptroller,  when  no  comp- 
troller the  city  clerk,  the  chief  of  police  and  three  active  mem- 
bers of  the  police  department  of  any  such  city,  shall  constitute 
and  be  a  board  by  the  name  of  the  board  of  trustees  of  the 

policemen's  pension  fund  of  the  city  of The  three 

members  of  the  board  from  the  police  'department  shall  be 
elected  annually,  by  ballot,  at  least  three  days  before  the  annual 
election  of  .the  officers  is  held.  Each  member  of  such  police  de- 
partment shall  be  entitled  to  vi.<te  for  such  three  members  of  the 
board  upon  one  ballot,  and  the  three  candidates  receiving  the 
highest  number  of  votes  shall  be  elected.  The  said  board  shall 
annually  select  from  among  their  number  a  president  and  a 
secretary,  and  in  case  of  a  vacancy  occurring  during  the  term, 
the  same  shall  be  filled  by  the  board.  The  city  treasurer  shall 
be  ex-officio  treasurer  of  said  board  and  shall  be  custodian  of 
said  fund  and  shall  be  liable  therefor  upon  his  bond  as  for 
other  moneys  officially  in  his  possession.  He  shall  keep  books 
and  accounts  concerning  such  funds  in  such  a  manner  as  the 
said  board  shall  direct,  and  the  said  books  and  accounts  concern- 


GENERAL   CHARTER  LAW  OP  WISCONSIN.       47 

ing  said  funds  shall  always  be  subject  to  the  inspection  of  said 
board  or  any  member  thereof. 

925 — 52k.     (Ch.  671,  1907.) 

Powers;  rules.  SECTION  925 — 52k.  Said  boards  .shall  have 
exclusive  control  and  management  of  the  fund  mentioned  in 
this  act  and  all  money  donated,  paid  or  assessed  for  the  relief 
or  pensioning  of  disabled,  superannuated  or  retired  members  of 
the  police  departments  of  such  cities,  their  widows  and  children, 
shall  be  placed  by  the  treasurers  of  such  cities  to  the  credit  of 
such  fund  subject  to  the  order  of  such  boards.  The  said  boards 
shall  make  all  the  needful  rules  and  regulations  for  their  govern- 
ment in  the  discharge  of  their  duties  and  for  the  control  of  such 
funds;  and  shall  hear  and  decide  all  applications  for  pensions 
under  this  act.  Each  board  shall  cause  to  be  kept  by  its  sec- 
retary a  record  of  all  its  meetings  and  proceedings. 

(Ch.  671,  1907.) 

Investment  in  bonds;  custodian  of  securities.  SECTION 
925 — 521.  The  said  board  shall  have  power  to  withdraw  said 
fund  from  the  city  treasury  and  to  cause  the  same  or  any  part 
thereof  to  be  invested  and  from  time  to  time  re-invested  in 
the  name  of  the  city  in  interest  bearing  bonds  of  the  United 
States  or  of  the  state  of  Wisconsin,  or  of  any  county,  township 
or  municipal  corporation  of  said  state ;  and  all  securities  taken 
upon  any  such  investments  shall  be  deposited  with  the  treasurer 
of  the  city,  togetlu r  with,  any  intent  1  and  gains  derived  there- 
from, and  shall  be  subject  to  the  order  of  the  said  beard  for 
the  purposes  of  this  act. 

(Ch.  671,  1!)07.) 

Rewards  and  gifts  of  property  as  sources;  permanent 
fund.  SECTION  925 — 52m.  All  rewards  in  moneys,  fees,  gifts 
or  emoluments  that  may  be  paid  or  given  for  or  on  account  of 
any  service  of  said  police  departments,  or  any  member  thereof, 
except  when  allow  ed  to  be  retained  by  said  member  by  resolu- 
tion of  said  boards,  or  given  to  endow  a,  modal  or  other  per- 
manent c;  nipelitive  reward,  shall  be  pa.id  into  said  fund  and  con- 
stitute a  part  thereof.  The  said  hoards  may  take  by  grant,  gift, 
devise  or  bequest,  any  money,  real  eslale,  personal  property, 
right  of  property  or  other  valuable  thing  the  amount  or  value 
of  which  shall  not  exceed  fifty  thousand  dollars.  And  said 
money,  real  estate,  personal  property,  right  of  property  or  other 
valuable  thing  so  obtained  shall  be  paid  into  said  fund  and 


48       GENERAL  CHARTER  LAW  OF   WISCONSIN. 

treated  as  a  part  thereof  for  the  use  of  said  funds;  provided, 
that  when  the  sum  of  fifty  thousand  dollars  has  been  accumu- 
lated in  any  of  said  funds,  from  any  source,  it  shall  be  retained 
as  -a  permanent  fund,  and  thereafter  the  annual  income  -there- 
from in  addition  to  the  other  sums  received  for  said  purposes, 
shall  be  available  for  the  use  and  purpose  of  such  pension  fund, 
and  until  any  of  such  funds  shall  amount  to  the  sum  of  fifty 
thousand  dollars  the  principal  and  interest  derived  therefrom 
may  be  used  for  the  payment  of  pensions  provided  for  by  this 
act. 

Applications  for  pension.  SECTION  925 — 52n.  The  said 
board  shall,  in  accordance  with  such  needful  rules  and  regula- 
tions as  it  may  establish  therefor,  hear  and  decide  all  applica- 
tions for  relief  or  pensions  under  this  act. 

925 — 52o.     (Ch.  671,  1907.) 

Warrants.  SECTION  925 — 52o.  It  shall  be  the  duty  of  the 
mayor  or  president  of  the  board  of  trustees  or  city  clerk  or 
comptroller  or  other  officer  or  officers  of  any  of  said  cities  who 
are  or  may  be  authorized  by  law  to  draw  warrants  upon  the 
treasurer  of  such  city,  upon  request  made  in  writing  by  said 
board,  to  draw  warrants  upon  the  treasurer  of  such  board  for 
all  funds  in  the  hands  of  the  treasurer  of  such  c'.ty  belonging 
to  said  pension  fund. 

925 — 52p.     (Ch.  671,  1907.) 

Disabled  policemen:  retirement;  pension.  SECTION  925— 
52p.  If  any  member  of  the  police  department  while  engaged 
in  the  performance  of  his  active  duty  as  such  policeman  be  in- 
jured and  found  upon  examination  by  a  medical  officer  or- 
dered by  said  board,  to  be  physically  or  mentally  permanently 
disabled  by  reason  of  such  injury  so  as  to  render  necessary  his 
retirement  from  service  in  such  department,  such  board  shall 
retire  such  disabled  member  from  service;  provided  no  such 
retirement  on  account  of  disability  shall  occur  unless  the  mem- 
ber has  contracted  such  disability  within  the  hours  of  each 
day  or  night  when  he  is  required  to  be  on  active  duty  by  tha 
rules  of  the  department  or  while  he/  is  engaged  in  the  perfor- 
.mance  of  "emergency  duty"  during  his  regular  "off  hours." 
Upon  said  retirement  the  board  shall  order  payment  to  such 
retired  member  monthly  of  a  sum  equal  to  one-half  the  monthly 
compensation  allowed  such  member  as  salary  at  the  date  of  his 
retirement. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       49 

925 — 52q.     (Ch.  671/1907.) 
Widows,  orphans;  pensions;  marriages;  part  payments. 

SECTION  925 — 52q.  1.  If  any  member  of  such  police  depart- 
ment shall,  while  in  the  performance  of  his  duty,  be  killed  or 
die  as  the  result  of  an  injury  received  in  the  line  of  his  duty 
as  described  in  the  preceding  section ;  or,  if  any  member  of 
such  department  after  ten  years'  service  in  such  'department 
shall  die  from  any  cause  whatever  while  in  the  service ;  or  if 
any  member  shall  die  -from  any  cause  whatever  after  having 
IMMMI  retired  upon  a  pension  under  the  provisions  of  this  act, 
and  shall  leave  a  widow  or  minor  child  or  children  under  the 
age  of  sixteen  years  surviving,  the  said  board  shall  direct  the 
payment  from  said  pension  fund  of  the  following  sums  monthly, 
t'vwit:  to  the  widow,  a  sum  equal 'to  one-third  of  the  monthly 
pay  of  the  deceased  member  at  the  t:me  of  his  death;  to  the 
guardian  of  such  minor  child  or  children,  six  dollars  for  each 
child  until  it  reach  the  age  of  sixteen  years. 

2.  In   case  of  the  re-marriage  or  death  of  the  widow,   then 
the  amount  that  she  may  be  entitled  to  by  the  provisions  of 
this  act  shall  be  pa!d  to  and  for  the  benefit  of  such  minor  child 
or  children  of  the  deceased  father  as  are  under  the  age  of  six- 
teen years. 

3.  There  shall  not  be  paid  to  the  family  of  a  deceased  member 
t\  total  pension  exceeding  one-half  of  the  amount  of  the  monthly 
salary  of  such  deceased  member  at  the  time  of  his  death ;  or, 
if  a  retired  member,  a  sum  exceeding  one-half  of  the  monthly 
salary  of  such  retired  member  at  the  date  of  his  retirement; 
pn  vided,  however,   that  if  a  pensioner  shall  marry  after  his 
retirement    from    service    and   shall   thereafter    die,    leaving    a 
widow,  such  widow  shall  not  be  entitled  to  any  relief  or  pen- 
sion from  such  fund. 

4.  If  at  any  time  there  shall  not  be  sufficient  money  in  such 
fund  to  pay  each  person  entitled  to  the  benefits  thereof  the  full 
amount  per  month  as  hereinbefore  provided,  then  and  in  that 
event  an  ennal  percentage  of  such  monthly  payments  shall  be 
made  to  each  pensioner  or  beneficiary  thereof  until  said  fund 
shall  be  ropVnish<>d  to  warrant  the  payment  in  full  to  each  of 
such  beneficiaries. 

925 — 52r.      (Ch.  671,  1907.) 

Pensions   after  twenty-two   years   service:   limitations. 

SECTION  925— 52r.     Any  member  of  the  police  department  of 

any  such  city  after  having  served  twenty-two  years  or  more 

in  such  department,  may  make  application  to  said  board  to  be 

4 


50       GKXKRAL   CHARTER  LAW  OF   WISCONSIN. 

retired  from  Mich  department,  or,  lie  m;iy  be  retired  by  the  said 
board  of  its  own  motion;  in  either  of  which  eases  the  said 
board  shall  order  and  direct  that  such  member  shall  be  paid 
a  monthly  pension  of  a  sum  equal  to  one-half  of  the  monthly 
compensation  allowed  such  member  as  salary  at  the  date  of  his 
retirement;  or  if  any  member  shall  be  discharged  after  serv- 
ing twenty-two  years  or  more,  the  said  board  shall  order  or 
direct  that  such  person  shall  be  pa'd  a  monthly  pension  equal 
to  one-half  the  monthly  compensation  allowed  to  such  member 
as  salary  at  the  date  of  his  discharge.  The  said  board,  upon 
the  recommendation  of  the  chief  of  police,  shall  have  the  power 
to  assign  any  member  retired  or  drawing  pension  to  the  per- 
formance of  light  duties  in  such  department  where  in  their 
judgment  it  shall  be  advisable.  No  person  shall  be  entitled  to 
receive  any  benefit  from  any  such  pension  fund  other  than  that 
prescribed  by  this  act;  and  in  no  event  shall  any  allowance  be 
paid  any  widow  after  her  re-marriage,  or  to  any  minor  child 
after  it  attains  the  age  of  sixteen  years. 

925 — 52s.     (Ch.  671,  1907.) 

Pensions  exempt  from  legal  process.  SECTION  925 — 52s 
No  sum  of  money  due  or  to  become  due  to  any  pensioner  under 
this  act  shall  be  liable  to  attachment,  levy  or  seizure  by  or 
under  any  legal  or  equitable  process  whatever,  whether  the 
same  remains  with  the  city  treasurer  or  his  agent,  or  is  in 
course  of  transmission  to  the  pensioner  entitled  thereto,  or  is 
in  the  possession  of  the  pensioner,  but  shall  inure  wholly  to  the 
benefit  of  such  pensioner. 

925 — 52t.     (Ch.  671,  1907.) 

Witness;  attendance;  clerk  hire;  printing.  SECTION  925 
— 52t.  Said  boards  herein  provided  for  shall  in  addition  to 
other  powers  herein  granted,  have  power  to  compel  witnesses 
to  attend  and  testify  before  it  upon  all  matters  connected  with 
the  operation  of  this  act  n  the  same  manner  as  is  or  may  be 
provided  by  law  for  the  taking  of  testimony  before  notaries 
public ;  and  its  president  or  any  member  of  said  board  may  ad- 
minister oaths  to  such  witnesses.  The  said  board  shall  have 
power  to  appoint  a  clerk  and  shall  provide  for  the  payment  of 
all  its  necessary  expenses,  including  clerk  hire  and  printing, 
from  said  funds,  provided  that,  no  compensation  or  emolument 
shall  be  paid. to  any  member  of  said  board  for  any  duty  re- 
quired or  performed  under  this  act, 


GENERAL   CHARTER  LAW  OF  WISCONSIN.       51 

925 — 52u.     (Oh.  671,  1907.) 
Old  pension  funds;  transfer.     SECTION  925 — 52u.     In  all 

cities  of  the  second  or  third  classes  having  paid  police  depart- 
ments, in  which  prior  to  the  passage  of  this  act  a  pension  fund 
hiis  been  created  under  existing  laws,  and  pursuant  to  which 
laws  moneys  have  been  collected  and  are  now  held  by  the  proper 
officers  of  any  such  policemen's  pension  fund,  all  such  funds 
either  in  money  or  securities  shall,  immediately  upon  the  pas- 
sage of  this  act,  be  paid  over  and  transif erred  to  the  proper 
officers  mentioned  and  provided  for  in  this  act,  who  shall  have 
power  to  receive,  sue  for,  and  collect  the  same;  and  such  funds 
shall  be  devoted  to  the  purposes  herein  mentioned  and  pre- 
scribed. All  pensions  heretofore  provided  for  in  cities  of  the 
second,  third  or  fourth  class  by  the  officers  of  board  of  any 
such  policemen's  pension  fund  shall  be  continued  pursuant  to 
the  provisions  of  law  existing  at  the  time  such  pensions  were 
oideied  and  provided  for.  Any  pending  or  ungranted  claim 
heretofore  existing  or  made  for  a-  pension  on  or  out  of  any 
policemen's  pension  fund  heretofore  existing,  is  hereby  con- 
tinued, and  if  established  or  allowed,  shall  be  paid  out  of  the 
fund  herein  provided  for  pursuant  to  the  provisions  of  law 
existing  at  the  time  such  claim  arose. 

925 — 52v.      (Ch.  671,  1907.) 

Scope  of  act.  SECTION  925— 52v.  The  provisions  of  this 
act  shall  be  amendatory  of  the  charters  of  all  cities  of  the 
second  or  third  class  in  this  state,  and  any  provisions  in  any 
such  charters  in  conflict  herewith  are  hereby  superceded,  and 
the  provisions  of  any  act  or  law  now  in  force  or  effect  so  far 
as  they  conflict  with  the  provisions  of  this  act  are  repealed; 
provided,  however,  that  this  act  shall  in  no  way  affect  or  apply 
to  the  provisions  of  any  act  or  law  in  reference  to  another 
department  in  any  of  said  cities. 

925 — 53. 

Officers'  accounts.  SECTION  925^53.  The  council  shall 
examine  and  adjust  the  accounts  of  the  clerk,  treasurer  and 
all  other  officers  or  agents  of  the  city  after  the  same  shall  have 
been  audited  by  the  comptroller. 

925 — 54. 

Corporate  authority.  SECTION  925—54.  The  corporate  au- 
thority of  the  city  shall  be  vested  in  the  mayor  and  common 
council. 


52   GENERAL  CHARTER  LAW  OF  WISCONSIN. 


Chapter  VIII.     Actions,  Appeals,   Bonds,   Sureties. 

925 — 55. 

How  actions  brought.  SECTION  925 — 55.  All  actions 
brought  to  recover  any  penally  or  forfeiture  o<r  for  the  punish- 
ment of  any  offender  for  the  violation  of  the  ordinances  or  by- 
laws made  by  -the  council  shall  be  brought,  in  the  corporate 
name  of  the  city. 

925 — 56. 

Judgment;  costs;  imprisonment.  SECTION  925 — 56.  In 
ease  of  convictions  in  actions  brought  or  prosecuted  to  recover 
a  penalty  under  any  of  the  provisions  <••!'  this  chapter,  to  recover 
a  penalty  or  forfeiture  or  to  impose  a  punishment  for  a  vio- 
lation of  any  of  the  ordinances,  regulations  or  by-laws  of  such 
city,  the  court  shall  enter  judgment  for  such  fine,  penalty  or 
forfeiture,  together  with  the  costs  of  prosecution,  against  the 
defendant;  and  shall  also  enter  a  judgment  that  he  be  im- 
prisoned in  the  county  jail,  city  jail  or  house  of  correction  un- 
til such  judgment  be  paid,  not  exceeding,  however,  the  term 
of  six  months,,  and  shall  forthwith  commit  him  accordingly.  In 
cases  where  the  defendant  is  adjudged  to  be  punished  by  im- 
prisonment the  court  shall  -also  render  judgment  that  he  pay  the 
costs  of  prosecution  and  be  imprisoned  until  such  costs  are  paid, 
but  the  court  shall  limit  such  additional  term  of  imprisonment 
in  its  discretion,  in  no  case  to  exceed  six  months. 

925 — 57. 

Appeals.  SECTION  925 — 57.  Any  person  aggrieved'  by  the 
judgment  of  the  court  imposing  a  fine,  penalty,  forfeiture  or 
imprisonment  may  appeal  to  the  circuit  court  of  the  proper 
county  in  the  same  manner  in  which  offenders  may.  under  the 
general  law,  appeal  from  the  judgments  of  justices  of  the  peace 
in  actions  where  the  state  is  plaintiff;  provided,  that  this  sec- 
tion shall  not  apply  to  appeals  from  municipal  courts  where  an 
appeal  may  be  taken  directly  to  the  supreme  court. 

925—58.      (Ch.  663,  1907.) 
Claims  against    cities    under   general   law;    tort  cases. 

SECTION  925 — 58.  No  action  shall  be  maintained  by  any  per- 
son against  any  city  organised  under  the  provisions  of  this 
chapter  upon  any  claim  or  demand  of  any  kind  or  character 
whatsoever,  until  he  shall  have  first  presented  his  claim  or 


GENERAL  CHARTER  LAW  OF  WISCONSIN,      53 

demand  to  the  council  for  allowance  and  the  same  shall  have 
been  disallowed  in  whole  or  in  part;  provided,  that  the  failure 
to  pass  upon  such  claim  or  demand  within  sixty  days  after  its 
presentation  shall  be  deemed  a  disallowance  thereof;  provided' 
furl//*  r  t/tai  on  appeal  from  the  dlisulloirauce  in  whole  or  in  part 
of  (inij  chiini  <>r  (ItnKind  founded  upon,  tort  or  bond  shall  be 
rt  quired  to  perfect  the  appeal. 

925 — 59. 

Action  of  council  final.  SECTION  925 — 59.  The  determin- 
ation of  the  council  disallowing  in  whole  or  in  part  any  claim 
shall  be  final  and  conclusive  and  a  bar  to  any  action  in  any 
court  founded  011  such  claim,  unless  an  appeal  be  taken  from 
such  determination  as  in  this  chapter  provided. 

925 — 60. 

Appeals,  how  taken;  costs.  SECTION  925 — 60.  When- 
ever any.  claim  against  a  city  organized  under  the  provisions 
of  this  chapter  shall  be  disallowed  in  whole  or  in  part  by  the 
council  the  claimant  may  appeal  from  the  decision  disallowing 
said  claim  to  the  circuit  court  of  the  county  in  which  such  city 
or  some  part  thereof  is  situated  by  causing  a  written  notice  of 
appeal  to  be  served  on  the  clerk  of  such  city  within  twenty  days 
after  the  disallowance  of  such  claim,  and  by  executing  a  bond 
to  the  city  in  the  sum  of  one  hundred  and  fifty  dollars,  with 
two  sureties  to  be  approved  by  the  city  clerk,  conditioned  for 
the  faithful  prosecution  of  such  appeal  and  payment  of  all 
costs  that  shall  be  adjudged  against  the  appellant.  The  clerk, 
in  case  such  appeal  is  taken,  shall  make  a  brief  statment  of  the 
proceedings  had  in  the  case  before  the  council  with  its  decision 
thereon,  and  shall  transmit  the  same,  together  with  all  the  papers 
in  the  case,  to  the  clerk  of  the  circuit  court.  Such  appeal  shall 
be  taken,  tried  and  determined  in  the  same  manner  as  cases 
originally  commenced  in  said  court;  provided,  however,  that 
whenever  an  appeal  is  taken  from  the  allowance  made  by  the 
council  upon  any  claim  and  the  lecovery  upr.n  such  appeal  shall 
not  exceed  the  amount  allowed,  exclusive  of  interest  upon  such 
allowance,  the  appellant  shall  pay  the  costs  of  appeal,  which 
Nhall  be  deducted  from  the  amount  of  the  recovery;  and  when 
the  cost  exceed  the  sum  recovered  judgment  shall  be  rendered 
against  the  appellant  for  the  amount  of  such  excess. 


54      GENERAL  CHAIiTKR  LAW  OP  WISCONSIN, 


Chapter  IX. — The  Police  Court. 

925 — 61.      (Ch.  223,  1905.) 

Effect  of  section — Police  justice.  SECTION  925 — 61.  IP 
every  city  which  shall  adopt  this  chapter  for  its  government  and 
which  shall  at  the  time  of  such  adoption  have  a  court  or  judge, 
by  whatsoever  name  or  title  such  court  or  judge  shall  be  called, 
having  the  jurisdiction  herein  conferred  upon  police  courts,  the 
jurisdiction  and  proccdme  <  f  such  court  or  judge  shall  continue 
unaffected  by  this  chapter  until  such  court  or  the  office  of  such 
judge  shall  be  abolished,  and  in  the  meantime  no  police  justice 
shall  l)e  elected  and  no  police  court  established  in  such  city  under 
this  chapter.  In  every  other  city  governed  by  this  chapter  a 
police  justice  shall  be  elet'ted  every  fourth  year  as  other  city 
officers  are  elected;  his  term  of  office  shall  commence  the  first 
day  of  May  succeeding  his  election  and  continue  for  four  years 
and  until  his  successor  shall  have  qualified;  provided,  that  in 
cities  of  the  third  and  fourth  clas.-es  the  council  may,  by  ordin- 
ance, abolish  the  p*olice  court  there'n,  and  thereupon  the  juris- 
diction herein  conferred  upon  such  court  sha'l  be  exercised  by 
the  municipal  court  or  courts  cf  the  city  or  county  located  in 
such  city,  if  there  be  any  such,  and  if  there  be  none,  then  by  the 
justices  of  the  pea.ce  of  the  city. 

925 — 62. 

His  compensation — Clerk  of  court.  SECTION  925 — 62.  In 
cities  of  the  first  class  the  council  shall  fix  the  salary  of  the 
police  justice.  In  cities  of  the  second,  third  and  fourth  classes 
it  may,  at  its  option,  fix  a  salary  for  such  justice  which  shall 
be  in  lieu  of  all  fees  and  co  t^.  In  every  city  of  the  first  class 
the  police  justice^may  appoint  a  clerk,' who  shall  keep  the  docket, 
records  and  papers  of  the  court  and  shall  be  paid  such  salary 
ii'i  the  council  may  from  time  to  time  allow;  but  no  change  in 
the  salary  of  the  clerk  shall  take  effect  during  the  term  of  office 
of  the  judge  in  wh'ch  it  was  made.  Such  clerk  may  administer 
oaths  as  well  in  the  performance  of  his  duties  as  in  other  cases. 

925 — 62a.     (Ch.  84,  1899.) 

Fees  of  certain  officers  in  certain  cities  having  no  police 
court.  SECTION  925— 62a.  In  cities  of  the  second,  third  and 
fourth  clashes  having  no  police  court,  the  common  council  may 
fix  and  regulate  from  time  to  time  the  fees  or  compensation  of 
officers  and  magistrates  for  services  performed  in  all  actions  or 


GENERAL  CHARTER  LAW  OP  WISCONSIN,      55 

prosecutions  for  any  violation  of  the  charter,  ordinances  or  by- 
laws of  the  city  and  no  greater  fees  or  compensation  than  shall 
be  so  fixed  shall  be  charged  or  recovered. 

925 — 63. 

Fees  to  officers  in  cities  of  first  class.  SECTION  925 — 63. 
In  cities  of  the  first  class  the  police  judge,  the  clerk  of  the  police 
court  and  the  police  officers  attending  such  court  and  serving 
its  process  shall  receive  no  fees,  and  all  costs  collected  in  said 
court  shall  be  paid  into  the  city  treasury  and  credited  to  the 
general  fund. 

925 — 64. 

Name;  when  open.  SECTION  925 — 64.  The  court  held  by 
the  police  justice  shall  be  called  the  police  court.  It  shall  be 
open  daily,  Sundays  and  legal  holidays  excepted. 

925—65. 

Jurisdiction.  SECTION  9f25 — 65.  In  cities  of  the  first  class 
the  police  court  shall  have  jurisdiction  to  try  and  sentence  all 
offenders  against  the  ordinances  of  the  city,  to  try  all  misde- 
meanors triable  before  a  justice  of  the  peace,  to  issue  warrants 
for  the  apprehension  of  persons  charged  with  the  commission  of 
offenses  not  so  triable,  to  examine  such  alleged  offenders  and 
commit  or  hold  them  to  bail  the  same  as  a  justice  of  the  peace 
of  the  city  might  do  but  for  this  chapter.  In  cities  of  the  sec- 
ond, third  and  fourth  classes  the  police  court  shall  have  the 
civil  and  criminal  jurisdiction  of  a  justice  of  the  peace  within 
the  .limits  of  such  city  and  exclusive  jurisdiction  of  offenses 
against  the  ordinances  of  the  city.* 

925 — 66. 

Justices  no  criminal  jurisdiction.  SECTION  925 — 66.  No 
justice  of  the  peace  in  any  city  wherein  there  shall  be  a  police 
court  under  this  chapter  shall  have  any  criminal  jurisdiction  of 
offenses  committed  in  such  city,  nor  any  authority  to  issue  war- 


*  Jurisdiction  of  police  court  extended.  (SEC.  1,  ch.  21,  1899.) 
There  is  hereby  conferred  upon  the  justice  or  judge  of  the  police 
court  in  any  city  of  the  first  class  having  a  police  court  which 
is  a  court  of  record,  the  same  powers  in  respect  to  the  examination 
of  persons  in  such  city  alleged  to  be  insane,  and  the  commitment  of 
persons  adjudged  to  be  insane  to  the  hospital  or  asylum,  as  is  con- 
ferred by  chapter  32  of  the  revised  statutes  upon  the  county  judges 
in  their  respective  counties.  Such  cases  before  said  police  judge  or 
justice  shall  be  conducted  in  accordance  with  the  procedure  prescribed 
by  law  in  similar  cases  before  county  judges. 


56      GENERAL  CHARTER  LAW  OF  WISCONSIN, 

rants  for  the  apprehension  of  any  alleged  offender  for  an  of- 
fense committed  therein,  nor  to  examine  or  commit  or  hold  to 
bail  any  such  offender  charged  with  any  crime  or  misdemeanor 
committed  in  said  city.  In  case  of  the  absence,  sickness  or  dis- 
ability of  said  police  justice  he  may,  by  an  order  in  writing  to  be 
filed  in  said  court,  appoint  a  justice  of  the  peace  or  a  court  com- 
missioner in  said  city  to  discharge  his  duties  during  such  ab- 
sence, sickness  or  disability,  and  the  person  so  appointed  shall 
have  all  the  powers  of  &aid  police  justice  while  administering 
such  office. 

925 — 67.     (Ch.  41,  1903.) 

Punishment.  SECTION  925 — 67.  Any  person  who  is  con- 
victed in  the  police  court  of  the  violation  of  any  ordinance  may 
be  sentenced  to  punishment  by  fine  or  imprisonment  or  both,  and 
any  person  so  convicted  or  convicted  therein  of  any  misdemeanor 
may  be  sentenced  to  pay  a  fine  and  the  costs  of  the  prosecution 
or  be  imprisoned  in  the  county  jail  or  house  of  correction,  in  the 
alternative,  'and  when  proper  facilities  for  that  purpose  shall 
exist  in  the  jail  or  house  of  correction  the  court  may  order  the 
prisoner  to  be  kept  at  hard  labor  duntiir  the  term  uf  his  im- 
prisonment, if  he  shall  .have  the  ability  to  labor. 

925 — 68. 

Docket.  SECTION  925—68.  There  shall  be  kept  in  ever? 
police  court  a  docket  wherein  shall  be  entered  the  substance  of 
every  complaint,  date  of  the  issuance  of  the  warrant  and  date 
and  substance  of  the  return  thereof,  the  plea  of  the  accused, 
the  names  of  the  witnesses,  the  names  and  verdict  of  the  jury, 
if,  any,  and  the  judgment  of  the  court. 

925—69. 

Complaint,  warrant,  execution,  form  of.  SECTION  925— 
69.  The  following  shall  be  snsta.ntia.ily  the  forms  to  be  used  in 
said  court  in  cases  of  prosecutions  for  the  violation  of  ordinances  : 


Complaint. 

STATE  OF  WISCONSIN,  )  c 

City  pf  -  -.          f 

In  the  police  court  of  said  city. 

A.  B.  complains  on  oath  to  the  police  court  of  the  eity  of 


that  0.  D.  did,  as  the  deponent  verily  believes,  on  or  about  the 


GENERAL  CHAETEB  LAW  OF  WISCONSIN,      57 

day  of  — —  — ,  A.  D,  18—,  at  said  city,  violate  an  ordinance 

of  said  city,  to- wit:  (here  insert  the  title  and  date  of  the  ordi- 
nance or  the  chapter  and  section  of  the  general  ordinances),  in 
that  he  did  thon  and  there,  contrary  to  said  ordinance  (here 
insert  the  act  or  omission  complained  of),  .wherefore  the  com- 
plainant prays  that  sa.id  C.  I),  be  arrested  and  dealt  with  accord- 
ing to  law,  A.  B.,  Complainant. 

Subscribed  and  sworn  to  before  me  this  -         -  day  of  -  , 

A.  D.  18—. 

E.  F.,  Judge  (or  Clerk). 

Warrant. 

STATE  OF  WISCONSIN,  , 

ss. 


c:tv  of 


: 


In  the  police  court  of  said  city. 

The  slate  of  Wisconsin  to  the  chief  of  police  or  any  police  officer 
of  the  said  city,  or  the  .sheriff  or  any  eons-fable  of  the  county 
of-  -: 

You  are  hereby  commanded  to  arrest  and  bring  before  said 
court  as  soon  as  may  be,  and  safely  keep  subject  to  the  order  oi 
said  court,  the  body  of  C.  D.,  chained  with  violating  one  of  the 
ordinances  of  the  c'.ty  of  -  — . 

Dated  -  E.  F.,  Judge  (or  Clerk). 


Execution. 

STATK  OF  WISCONSIN,   j 

V  ss 

C.ly  of-     -.  ) 

In  the  police  court  of  said  city. 

The  stale  of  Wisconsin  to  the  chief  cf  police  or  any  police  officer 
of  said  city,  or  to  the  sheriff  or  any  constable  of  the  county 
of  -  — ,  and  to  the  keeper  of  the  common  jail  of  said 
county,  Greeting: 

AVhereas,  the  said  city  of  -    — ,  on  the  -      -  day  of,  A.  D. 
18 — ,  recovered  a,  judgment  in  the  court  above  named  against 

-  for  the  sum  of  -         -  dollars  and cents  and 

for  the  co.vts  of  suit,  amounting  to  the  sum  of  -         —  dollars  and 
cents,  for  the  violation  of  (here  insert  the  number,  title  and 


date  of  the  ordinance  or  the  chapter  and  section  of  the  general 

ordinances),  in  that  he  did,  on  the day  of  -        — ,  18 — ,  at 

the  said  city   (insert  the  act  complained  of).     You  are  hereby 
commanded  to  levy  distress  of  the  goods  and  chattels  of  said 


58      GENERAL  CHARTER  LAW  OF  WISCONSIN, 

— ,  excepting  such  as  the  law  exempts,  and  make  sale 
thereof  according  to  law  to  the  amount  of  said  sums,  together 
with  your  fees  and  twenty-five  cents  for  this  writ,  and  the  same 
return  to  me  in  thirty  days,  and  for  want  of  such  goods  and 
chattels  whereon  to  levy  to  take  the  body  of  said  - 
and  him  convey  and  deliver  to  the  keeper  of  the  common  jail  in 
-  county,  and  the  said  keeper  is  hereby  commanded  to  re- 
ceive, keep  in  custody  in  said  jail  the  said  -  -  for  the 
term  of  -  -  unless  the  said  judgment,  together  with  all  the 
costs  and  fees,  are  sooner  paid  or  he  is  discharged  by  due  course 
of  law. 

Given  under  my  hand  this  -    -  day  of  -        — ,  18 — . 

— ,  Judge  (or  Clerk). 

The  form  of  commitment  shall  be  substantially  the  same  as 
that  of  the  execution,  omitting  all  that  relates  to  the  levy  and 
sale  and  return  of  the  writ. 

925 — 70. 

Juries,  how  selected.  SECTION  925 — 70.  In  cities  of  the 
first  class  whenever  any  accused  person  shall  demand  a  trial  by 
jury  in  said  court  the  judge  shall  direct  the  officer  in  attendance 
or  some  .cither  suitable  person  to  prepare  a  list  of  twenty-four 
qualified  jurors,  and  the  prosecuting  officer  or  some  person  de- 
signated by  the  court  for  that  purpose  on  one  part  and  the  ac- 
cused or  his  counsel  on  the  other  shall  each  strike  off  six  names, 
the  prosecution  striking  off  the  first  name,  and  the  defense  the 
second  and  so  on  alternately,  and  the  remaining  twelve  shall 
thereupon  be  summoned  and  shall  serve  as  jurors.  In  cities  of 
the  second,  third  and  fourth  classes  the  jury  shall  be  selected  in 
-the  same  manner  as  in  justice  courts  in  criminal  cases.  The 
venire  may  be  in  the  following  form: 

STATE  OF  WISCONSIN,  ) 

City  of  -    -.         [  S 

In  the  police  court  of  said  city. 
The  state  of  Wisconsin  to  (here  insert  the  names  of  jurors)  : 

You  are  hereby  summoned  and  required  to  attend  said  court 
forthwith  to  serve  as  jurors  therein  in  an  action  there  pending, 
wherein  the  -  -  is  plaintiff  and  C.  D.  defendant.  Hereof  fail 
not  at  your  peril. 

Dated  -  — .  E.  F.,  Judge  (or  Clerk). 

If  any  juror  or  jurors  named  in  the  venire  shall  not  be  found 
or  shall  be  unable  to  serve  a  talesman  or  talesmen  shall  be  called, 
and  if  qualified  shall  take  the  place  on  the  jury  of  such  juror  or 


GENERAL  CHARTER  LAW  OF  WISCONSIN,      69 

jurors ;  provided,  that  either  party  shall  have  a  right  to  challenge 
such  talesmen  for  cause  and  at  least  two  talesmen  peremptorily. 

925 — 71. 

Costs.  SECTION  925 — 71.  The  costs  taxable  in  the  police 
courts  shall  be  the  same  as  in  justice  courts  for  similar  services, 
and  in  cities  of  the  second,  third  and  fourth  classes  such  costs 
shall  be  paid  to  the  judge  and  the  officers  earning  tjiem.  respec- 
tively, unless  such  judge  or  officers  shall  be  paid  a  salary,  fn 
which  ease  such  costs  shall  be  paid  into  the  city  treasury. 


Chapter  X. — Fire  Department. 

925 — 72. 

Organization  and  support  of.  SECTION  925 — 72.  In  every 
city  governed  by  this  chapter,  not  having  a  paid  fire  department, 
it  shall  be  competent  for  the  council  to  provide  by  ordinance 
for  the  organization  and  management  of  volunteer  fire  com- 
panies, and  to  appropriate  from  the  general  fund  such  sums  as 
shall  be  deemed  requisite  for  the  aid  of  such  companies  in  pro- 
curing apparatus  and  outfit  and  maintaining  and  housing  the 
same,  and  to  provide  by  ordinance  for  the  appointment  of  a  chief 
engineer,  fix  his  term  of  office,  designate  his  authority,  and  fix 
suitable  penalties  for  the  violation  of  any  of  the  provisions  of 
such  ordinances. 

925 — 73. 

Fire  limits.  SECTION  925—73.  In  every  city  so  governed 
the  council  may  designate  fire  limits  within  which  no  buildings 
having  wooden  outside  walls  shall  be  constructed  or  repaired  so 
as  to  increase  their  value  beyond  a  percentage  to  be  fixed  in  the 
ordinance,  and  may  by  ordinance  prescribe  special  fire  limits 
within  the  general  fire  limits,  within  which  special  fire  limits 
they  may  require  such  building  material  to  be  used  and  such 
additional  precautions  to  be  observed,  both  in  the  construction 
of  new  buildings  and  the  repairing  and  maintenance  of  existing 
buildings  as  they  may  from  time  to  time  designate,  for  the  pre- 
vention of  fires  and  the  spread  and  communication  thereof,  and 
pro  vide  any  proper  remedy  for  the  enforcement  of  such  ordi- 
nances or  any  particular  provision  thereof,  and  to  that  end  they 
may  provide  for  the  appointment  of  a  building  inspector,  desig- 
nate his  authority,  fix  his  term  of  office  and  compensation. 


60      GENERAL  CHARTER  LAW  OF  WISCONSIN, 

925—74, 

Paid  department,  SECTION  925 — 74.  It  shall  be  competent 
for  the  council  of  every  city  to  provide  by  ordinance  for  the  es- 
tablishment or  continuance  of  a  paid  fire  department  to  be  en- 
tirely under  the  control  of  the  city  government,  and  maintain  it 
at  the  sole  expense  of  the  city,  for  the  appointment  of  a  chief 
engineer  of  the  fire  department  and  as  many  assist  ants  as  may 
be  deemed  necessary  and  fix  their  salaries,  and  for  the  appoint- 
ment and  compensation  of  as  many  firemen  as  shall  from  time  to 
time  be  necessary. 

925 — 75. 

Apparatus,  engine-house,  signals,  etc.  SECTION  925 — 75. 
In  every  city  governed  by  this  chapter  in  which  a  paid  fire  de- 
partment shall  have  been  established,  either  under  this  chapter 
or  before  its  adoption,  it  shall  be  competent  for  the  council  to 
provide  for  the  purchase  and  maintenance  of  all  necessary  fire- 
engines  and  apparatus  for  the  extinction  or  prevention  of  fires, 
for  the  construct-on  and  maintenance  of  all  necessary  engine- 
houses  and  fire  stations,  fire  alarms,  fire  signals,  telegraph  or  tele- 
phones, and  for  the  u^e  of  all  known  means  of  extinguishing  or 
preventing  fires,  and  appropriate  the  necessary  sums  for  carry- 
ing the  foregoing  provisions  into  effect. 

925 — 76. 

Fire  account.'    SECTION  925 — 76.    In  every  such  city  the  city 
treasurer  shall  keep  a  separate  account  with  the  general  fund, 
to  be  called  the  fire  account,  in  which  shall  be  entered  all  dis- 
bursements for  or  on  account  of  the  fire  department  and  all  ap- 
"  propriations  made  and  taxes  collected  for  its  use. 

925 — 77. 

Relief  fund.  SECTION  925 — 77.  The  council  may  establish 
a  fund  for  the  relief  of  firemen  injured  in  the  discharge  of  their 
duties,  and  for  the  relief  of  the  families  of  firemen  who  may 
lose  their  lives  in  the  discharge  of  their  duties  or  in  consequence 
thereof,  and  provide  for  the  management  and  distribution  of 
such  fund  or  the  proceeds  thereof,  and  require  all  active  firemen 
to  contribute  not  to  exceed  two  per  cent,  of  their  wages  to  said 
fund. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       61 


Chapter  XI. — The  Board  of  Public  Works. 

925 — 78. 

Organization  and  terms.  SECTION  925 — 78.  There  shall  be 
a  department  known  as  the  board  of  public  works  to  consist  of 
three  commissioners.  In  cities  of  the  first  and  second  classes  the 
commissioners  shall  be  appointed  by  the  mayor  and  confirmed 
by  the  council  at  their  first  regular  meeting  or  as  soon  thereafter 
as  may  be.  The  members  of  the  first  board  shall  hold  their  offices 
one,  two  and  three  years  respectively,  and  thereafter  for  three 
years  or  until  their  successors  are  qualified.  In  all  other  cities 
the  board  shall  consist  of  the  city  attorney,  city  comptroller  and 
city  engineer  or  surveyor;  prov:'ded,  that  the  council,  by  a  two- 
tliirds  vote,  may  determine  that  the  board  of  public  works  shall 
consist  of  other  public  officers  or  persons  and  provide  for  the 
election  or  appointment  of  the  members  thereof,  or  it  may,  by  a, 
like  vote,  dispense  with  such  board,  in  which  case  its  dut;es  and 
powers  shall  be  exercised  by  the  council  or  a  committee  thereof, 
or  by  such  officers  or  boards  as  the  council  shall  designate. 

925—79. 

Officers.  SECTION  525—79.  The  members  of  the  board  of 
public  works  shall,  on  the  first  Tuesday  in  May  of  each  year 
choose  a  president  of  the  bfard  from  their  number,  and  in  cit'es 
of  the  first  class  a  secretary ;  in  other  cities  the  city  clerk  shall 
be  the  secretary  of  the  board  by  virtue  of  his  office. 

925 — 80. 

City  engineer.  SECTION  925—80.  In  cities  of  the  first  class 
the  mayor  with  the  approval  of  the  council  shall  appoint  some 
competent  person  as  engineer,  whose  term  of  office  shall  -continue 
for  one  year  and  until  his  successor  is  qualified  unless  he  shall  be 
sooner  removed  for  cause.  The  engineer  shall  keep  his  office  in 
some  convenient  place  to  be  designated  by  the  council,  and  it 
shall  be  his  duty  to  do  all  engineering  work  required  by  said 
council  or  the  board  of  public  works.  He  shall  possess  the  same 
powers  to  make  surveys  and  plats  with:n  the  city  as  county 
surveyors;  and  like  validity  and  effect  shall  be  given  to  his  acts 
and  to  all  plats  and  surveys  made  by  him  as  are  or  may  be  given 
to  the  acts,  plats  and  surveys  of  county  surveyors. 

925 — 81. 

Engineer's  records  and  report.  SECTION  925—81.  In  cities 
of  the  first  class  the  engineer  shall  keep  on  file  in  his  office,  and 


62       GENERAL  CHARTER  LAW  OF  WISCONSIN. 

in  all  other  cities  in  the  office  of  the  city  clerk,  a  record  of  all 
his  official  acts  and  doings  and  also  ;i  eopy  of  all  plats  of  lots, 
blocks  and  sewers  embraced  within  the  city  limits,  all  profiles 
of  streets-,  alleys  and  sewers  and  of  the  grades  thereof,  and  of 
all  drafts  and  plans  relating  to  bridges  and  harbors  and  of  any 
buildings  belonging  to  the  city ;  and  shall  at  the  same  place  keep 
a  record  of  the  location  of  all  bench  marks  and  permanent  corner 
stakes  from  which  subsequent  surveys  shall  be  started;  which 
said  records  and  documents  shall  be  the  property  of  the  city  and 
open  to  the  inspection  of  parties  interested,  and  shall  be  deliv- 
ered over  by  said  engineer  to  his  successor  or  to  the  board  of 
public  works.  In  cities  of  the  first  class  on  the  last  Tuesday  in 
March  of  each  year,  and  in  all  ether  cities  whenever  requested. 
the  engineer  shall  make  a  report'  of  all  doings  of  his  department 
to  the  board  of  public  works. 

925 — 82. 

Compensation  of  board.  SECTION  925 — 82.  The  commis- 
sioners of  public  works  in  cities  of  the  first  class  shall  be  each 
paid  an  annual  salary  to  be  fixed  by  the  council  before  their 
appointment  and  at  the  time  other  salaries  are  fixed  under  this 
chapter;  in  all  other  cities  Ihe  salaries  of  the  attorney,  comp- 
troller and  engineer  respectively  shall  be  in  full  for  their  serv- 
ices as  members  of  such  board. 

925 — 83. 

Oath  and  bond  in  cities  of  first  class.  SECTION  925 — 83. 
In  cities  of  the  first  class  each  member  of  the  board  of  public 
works  shall,  before  entering  upon  the  duties  of  his  office,  take  ai* 
oath  of  office  and  file  the  same  in  the  office  of  the  city  clerk,  and 
give  a  bond  to  the  city  with  sufficient  sureties,  in  such  form  and 
sum  as  the  council  may  direct,  for  the  faithful  performance  of 
his  duties. 

925 — 84. 

Rules  for  board.  SECTION  925 — 84.  The  council  may  make 
s'uch  rules  from  time  to  time  as  they  may  deem  proper,  not  con- 
travening any  of  the  provisions  of  this  chapter,  for  the  gov- 
ernment of  the  board  of  public  works  and  the  manner  in  which 
the  business  of  said  board  shall  be  conducted. 

925 — 85. 

Quorum;  record;  report,  SECTION  925 — 85.  A  majority  of 
the  board  shall  constitute  a  quorum  for  doing  business,  They 


GENERAL  CHARTER  LAW  OF  WISCONSIN.        63 

shall  keep  ji  record  of  all  their  proceedings,  which  shall  be  open 
at  all  reasonable  times  to  the  inspection  of  any  elector  of  such 
city,  and  shall  make  a  report  to  the  council  on  or  before  the  first 
day  of  March  in  each  year,  and  oftener  if  required. 

925 — 86. 

Duties.  SECTION  925 — 86.  It  shall  be  the  duty  of  the  board 
under  the  direction  of  the  council,  to  superintend  all  public 
works  and  keep  the  streets,  alleys,  sewers  and  public  works  and 
places  in  repair. 

925 — 87. 

Care  of  school  buildings.  SECTION  925 — 87.  In  cities  of 
the  first  and  second  classes  all  repairs  and  alterations  of  school 
buildings  and  premises  shall  be  under  the  charge  O'f  the  board 
of  public  works,  and  in  other  cities  under  the  charge  of  the 
board  of  education;  but  such  repairs  or  alterations,  except  or- 
dinary repairs  costing  not  more  than  two  hundred  dollars,  shall 
first  be  approved  by  the  council. 

925 — 88. 

Use  of  streets.  SECTION  925 — 88.  No  building  shall  be 
moved  through  the  streets  or  any  obstruction  be  placed  therein 
without  a  written  permit  therefor  granted  by  the  board  of  pub- 
lic works ;  said  board  shall  determine  the  time  and  manner  of 
using  the  streets  for  laying  or  changing  water  or  gas  pipes,  or 
placing  and  maintaining  electric  light,  telegraph  and  telephone 
poles  therein ;  provided,  that  its  decision  in  this  regard  may  be 
reviewed  by  the  council. 

925 — 89. 

Repair  of  streets.  SECTION  925 — 89.  In  case  any  corpora- 
tion cr  individual  shall  neglect ''to  repair  or  restore  to  its  former 
cond'tion  any  street,  alley  or  sidewalk  excavated,  altered  or 
taken  up,  within  the  time  and  in  the  manner  directed  by  the 
board,  ,-aid  board  shall  cause  the  same  to  be  done  at  the  expense 
of  said  corporation  or  individual.  The  expense  theren-f,  when 
chargeable  to  a  lot-owner,  shall  be  certified  to  the  city  clerk  by 
the  board,  and  if  not  paid  shall  be  carried  into  the  tax  roll  as 
a  special  tax  against  the  lot. 

925 — 90. 

Contracts,  how  let.  SECTION  925 — 90.  All  piiblic  work,  th£ 
estimated  cost  of  which  shall  exceed  two  hundred  dollars,  shall 


64       GENERAL  CHARTER  LAW  OF  WISCONSIN. 

.be  let  by  contract  to  the  lowest  responsible  bidder;  all  other 
public  work  shall  be  let  as  the  council  may  direct.  When  the 
work  is  directed  to  be  let  to  the  lowest  responsible  bidder  or 
is  required  to  be  so  let  under  the  previsions  of  this  section,  the 
board  of  public  works  or  such  officers  as  shall  be  designated  to 
discharge  its  duties  shall  advertise  for  proposals  by  publishing 
a  notice  in  the  official  newpaper  at  least  once  in  each  week  for 
at  least  two  successive  weeks.  Before  such  proposals  are  ad- 
vertised for  a  profile  of  the  AVI  <rk  1o  be  done,  together  with  the 
specifications,  shall  be  placed  on  file  for  the  inspection  of  bid- 
ders, and  a  form  of  contract  with  sureties,  as  the  same  will  be 
required  to  be  executed  by  bidders,  shall  be  prepared  and  a  copy 
of  the  same  furnished  to  any  person  desiring  to  bid  on  the  work. 
No  bid  shall  be  received  when  not  accompanied  by  a  bond  with 
sureties  executed  on  the  part  of  the  bidder  and  such  suret;es, 
which  sureties  shall  justify  as  to  their  responsibility  and  by  their 
several  affidavits  show  that  they  are  worth  in  the  aggregate  at 
least  the  amount  mentioned  in  the  contract  in  property  not  by 
law  exempt  from  execution  ;  provided,  that  a  certified  check  in 
amount  equal  to  five  per  cent,  of  the  bid,  and  a  provision  in  the 
contract  for  the  retention  by  the  city  of  twenty  per  cent  of  the 
estimates  made  from  time  to  time,  mav  be  accepted  in  place  of 
sureties.  The  power  to  reject  any  and  all  bids  shall  be  deemed 
to  exist  unless  expressly  waived.  When  no  proper  bids  shall 
be  rece'ved  for  any  such  work  the  council,  by  a  two-thirds  vote 
of  all  its  members,  mav  direct  that  such  work  be  done  under  the 
supervision  of  such  officer  or  officers  as  it  shall  designate. 

925 — 90a.     (Ch. '493,  1907.) 

Guaranty  deposits  with  bids:  certified  check.  SECTION 
925 — 90a.  In  all  such  cities  wherein  parties  bidding  on  or  sub- 
mitting proposals  for  doing  public  work,  are  required  by  law  <;r 
ordinance  to  deposit  a  pertain  amount,  of  money  as  a  guaranty  of 
<rmd  faith,  a  certified  check  for  the  amount  payable  to  the 
board  of  public  works  or  other  proper  city  officer,  may  be  ac- 
cepted by  said  board  in  lieu  of  money. 

925 — 90b;     (Ch.  417,  1909.) 

Cities;  first  c'ass:  Contracts  for  improvements;  ma- 
terials used;  patented  articles.  SECTION  925 — 90b.  When- 
ever in  any  city  of  the  first  class  in  this  state,  however  incor- 
porated, any  public  work  or  improvement  of  any  kind  whatso- 
ever shall  have  been  ordered  to  be  done,  whether  such  work  is 
chargeable  in  whole  or  in  part  to  such  city,  or  to  any  ward  or 


GENERAL   CHARTER   LAW  OF   WISCONSIN.        65 

Avard>.  therein,  or  to  any  lot  or  lots  or  parcels  of  land  therein, 
such  public  work  or  improvement  may  be  done  by  the  use  of  a 
patented  article,  material  or  process,  in  whole  or  in  part,  or  in 
combination  with  articles,  materials,  or  processes  not  patented, 
and  any  bid  accepted  or  contract  let  for  such  work  or  improve- 
ment shall  be  as  valid  and  binding-  as  if  no  patented  article,  ma- 
in ial  <  r  process  had  been  used  ;  provided,  however,  said  city  shall 
have  obtained  from  the  owner  of  said  patented  article,  materials 
or  pro-L'.es:-?,  befoie  advertising  for  bids  thereon,  a  binding 
agreement  to  furnish  to  any  contractor,  desiring  to  bid  upon 
such  work  as  a  whole,  the  right  to  use  said  patented  article,  ma- 
terials and  processes  in  the  construction  of  said  work,  and  also 
to  furnish  to  any  contractor  said  patented  article  itself  upon 
the  payment  of  what  the  authorities  c<f  said  city  charged  with 
the  duty  of  letting  a  contract  for  such  public  work  or  improve- 
ment shall  determine  to  be  reasonable  price  therefor,  which 
price  shall  be  publicly  stated  and  furnished  upon  application  to 
any  <M utract'  r  desiring  to  bid  on  said  work. 

925 — 90c.     (Ch.  417,  1909.) 

Letting  of  contracts;  kinds  of  material;  bids.  SECTION 
925 — 90c.  Any  such  city  at  its  option  may,  in  providing  for 
any  such  public  work  or  improvement  to  be  done,  and  before 
calling  for  bids  thereon,  through  its  proper  authorities  adopt 
different  plans  and  specifications  requiring  the  use  of  different 
kinds  of  materials  for  the  proposed  work  or  improvements  to 
be  made,  whether  patented  or  not,  thereby  bringing  one  kind 
of  article,  material  or  process  in  competition  with  one  or  more 
other  kinds  of  articles,  materials  or  processes  designed  to  ac- 
complish the  same  general  purpose,  and  call  for  bids  for  each 
such  kind  of  article,  material  or  process,  and  thereafter  let  a 
contract  for  one  kind  of  article,  material  or  process ;  provided, 
that  before  any  contract  is  let  the  bids  received  on  all  the  differ- 
ent kinds  of  articles,  materials  or  processes  for  which  plans  or 
specifications'  were  prepared  and  upon  which  bids  were  called 
for  shall  be  received,  opened  and  considered  before  the  kind 
of  article  or  process  to  be  used  in  such  work  or  improvement 
shall  be  decided  upon  by  the  proper  city  authorities,  and  there- 
upon the  proper  city  authorities  shall  first  determine  widen  kind 
of  article,  material  or  process  shall  be  used  in  the  work  to  be 
done,  and  thereafter  and  thereupon  the  contract  shall  be  let  to 
the  lowest  responsible  bidder  for  the  kind  of  article,  material  or 
process  so  selected  for  use  in 'the  proposed  public  work  or  im- 
provement. 


66        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

925 — 91. 

Incompetent  bidders.  SECTION  925 — 91.  Whenever  any 
bidder  shall  be,  in  the  judgment  of  said  board,  incompetent  or 
otherwise  unreliable  for  the  performance  of  the  work  on  which 
he  bids,  the  board  shall  report  to  the  council  a  schedule  of  all 
the  bids  for  such  work,  together  with  a  recommendation  to  ac- 
cept the  bid  of  the  lowest  responsible  bidder,  with  their  reasons; 
and  thereupon  the  council  may  direct  said  board  either  to  let 
the.  work  to  such  competent  and  reliable  bidder  or  to  readvertise 
the  same ;  and  the  failure  to  let  such  contract  to  the  lowest  bid- 
der in  compliance  with  this  provision  shall  not  invalidate  such 
contract  or  any  specin]  assessment  made  to  pay  the  liability 
incurred  thereunder. 

925 — 92. 

Duty  and  liability  of  contractor.  SECTION  925 — 92.  All 
contractors  doing  any  work  which  shall  in  any  manner  obstruct 
the  streets  or  sidewalks  shall  put  up  and  maintain  barriers  and 
lights  to  prevent  accidents,  and  be  liable  for  all  damages  caused 
by  failure  so  to  do.  All  contracts  shall  contain  a  provision  cov- 
ering this  liability,  and  also  a  provision  making  the  contractor 
liable  for  all  damages  caused  by  the  negligent  digging  up  of 
streets,  alleys  or  public  grounds,  or  which  may  result  from  his 
carelessness  in  the  prosecution  of  such  work. 

925 — 93. 

Contracts,  how  executed.  SECTION  925 — 93.  All  contracts 
shall  be  signed  by  the  mayor  and  clerk  unless  otherwise  pro- 
vided by  resolution  or  ordinance ;  provided,  that  no  contract 
shall  be  executed  on  the  part  of  the  city  until  the  comptroller 
shall  have  countersigned  the  same  and  made  an  indorsement 
thereon  showing  that  sufficient  funds  are  in  the  treasury  to  meet 
the  expense  thereof  or  that  provision  has  been  made  to  pay  the 
liability  that  will  accrue  thereunder. 

925 — 94. 

Estimates ;  deposit.  SECTION  925 — 94.  As  the  work  under 
any  contract  progresses  the  board  of  public  works,  or  such  offi- 
cers as  shall  be  designated  to  discharge  its  duties,  may,  from 
[time]  to  time,  at  their  discretion,  grant  to  the  contractor  an 
estimate  of  the  amount  and  proportionate  value  of  the  work 
done,  withholding  in  all  cases  twenty  per  cent,  of  said  estimate 
which  shall  entitle  the  holder  to  receive  the  amount  thereof,  less 
such  twenty  per  cent,,  from  the  proper  fund.  But  all  contracts 


GENERAL   CHARTER   LAW   OF   WISCONSIN.        67 

fchall  contain  a  provision  authorizing  such  board,  in  case  the 
work  under  such  contract  is  not  completed  within  the  time  re- 
quired, to  take  charge  of  the  work  and  finish  it  at  the  expense 
of  the  contractor  and  his  sureties.  In  no  case  shall  the  deposit 
herein  required  be  returned  to  a  successful  bidder  until  the  con- 
is  performed;  but  it,  together  with  the  twenty  per  cent, 
retained  as  aforesaid,  shall  be  used  in  whole  or  in  part  to  com- 
plete the  work.  If  any  oi'  the  deposit  or  the  retained  twenty 
per  cent,  then  remains  it  shall  be  paid  to  such  defaulting  con- 
tractor. 


Chapter  XII. — Water-works  and  lighting. 

925 — 95.     (Ch.  135,  1901.) 

Operation  of  lighting  plant  or  water-works.  SECTION  925 
— 9;"y.  Iii  cities  which  mvn  a. lighting  plant  or  water-works,  or 
both,  such  lighting  plant  or  water- works,  or  .both,  may  be  oper- 
ated under  the  direction  of  the  board  of  public  works  or  by  a 
commission,  to  be  determined  by  ordinance  of  the  common  coun- 
cil, to  consist  of  the  mayor,  three  citizens,  and  one  alderman  to 
be  appointed  by  the  mayor. 

925 — 95a.      (Ch.  135,  1901.) 

Election  of  commissioners.  SECTION  925 — 95a.  The  com- 
mon council  of  any  city  which  shall  have  determined  to  have  a 
commission  as  provided  in  the  foregoing  section  shall,  at  the  first 
regular  meeting  of  the  council  thereafter,  elect  by  ballot,  by  a 
majority,  three  citizens  whose  terms  of  office  shall  expire  on  the 
first  Tuesday  of  October,  one  in  the  year  of  his  election,  one  in 
the  year  following  the  year  of  his  election,  and  one  in  the  second 
year  following  the  year  of  his  election,  and  thereafter,  at  the  ex- 
piration of  the  term  of  each  commissioner,  one  shall  be  elected 
by  the  council  each  year  on  the  first  Tuesday  of  October  for  a 
term  of  three  years  and  until  his  successor  is  elected  and  qual- 
ified. 

925 — 96. 

Power  of  council.  SECTION  925—96.  The  council  shall  have 
power  to  legislate  on  all  matters  with  reference  to  the  construc- 
tion, purchase,  operation,  management  and  protection  of  water- 
works or  lighting  works  for  the  city,  not  contravening  the  pro- 
visions of  this  chapter,  the  constitution  or  laws  of  the  state; 
provided,  that  all  provisions  relating  to  such  works,  except  as 


68        GENERAL   CHARTER   LAW  OF   WISCONSIN. 

herein  otherwise  provided,  shall  be  adopted  by  a  vote  of  not  less 
than  three-fourths  of  all  its  members. 

925 — 97. 

Land  may  be  acquired.  SECTION  925 — 97.  The  city  may 
acquire  by  purchase  or  otherwise,  as  specified  in  this  chapter  for 
acquiring  real  estate  for  the  public  use.  such  lands  as  may  be 
necessary  for  the  construction  and  operation  of  water- works  to 
supply  the  city  and  its  inhabitants  with  water,  or  for  the  con- 
struction and  operation  of  lighting  works  to  supply  it  and  them 
with  electric  or  other  lighting;  provided,  that  where  the  water- 
works or  lighting  works  are  owned  by  private  persons  or  corpor- 
ations the  expenses  of  acquiring  such  real  estate  shall  be  paid 
by  such  persons  or  corporations  on  a  proper  conveyance  bcinir 
made  thereto  of  such  real  estate. 

925 — 97a.     REPEALED  by  Ch.  499,  1!M)7. 

925 — 98.      (Ch.  367,  1909.) 

Cities,  under  general  law:  waterworks;  rates;  collec- 
tion; indebtedness.  SECTION  925—98.  When  cities  own  the 
water  works  or  lighting  works  the  water  rates  or  charges  for 
lighting  shall  be  collected  by  the  treasurer  and  be  first  devoted 
to  the  expense  of  maintaining  and  operating  the  works,  paying 
the  principal  and  interest  of  any  indebtedness  created  in  the 
construction  or  purchase  thereof,  and  the  balance,  if  any,  shall 
be  paid  into  the  general  fund.  The  common  council  of  every 
city  which  shall  construct  or  owrn  and  operate  lighting  works 
f>r  urtcr  work*  to  supply  the  city  and  its  inhabitants  with  light 
or  ivater  may,  by  ordinance,  fix  the  rat  as  to  be  charged  for  light 
or  water  furnished  the  inhabitants  thereof,  and  provide  for  the 
collection  of  the  same  either  quarterly  or  senii-annually  in  ad- 
vance or  otherwise  provided,  such  rates,  shall  be  uniform  for  like 
services  in  all  parts  of  the  city.  The  provisions  of  the  next  fol- 
lowing section  shall  apply  to  the  listing  and  collection  of  unpaid 
rates  or  charges  for  light  or  icaicr  so  furnished,  so  far  as  they 
are  applicable. 

925 — 99. 

Penalty  for  non-payment;  lien.  SECTION  925 — 99.  On  the 
first  day  of  January  and  July  in  each  year  the  board  of  public 
works  shall  furnish  the  city  treasurer  with  a  list  of  all  lots  or 
parcels  of  real  estate  to  which  water  has  been,  furnished  by  the 
city  during  the  preceding  six  months  and  the  amount  due  for 


GENERAL   CHARTER   LAW   OF   WISCONSIN.        69 

the  same.  If  such  amount  is  not  paid  within  ten  days  there- 
after a,  penalty  of  ten  per  cent,  shall  be  added  and  the  treasurer 
shall  proceed  to  collect  the  said  dues  with  said  penalty,  together 
with  five  per  cent,  thereon  for  his  fees.  He  shall  have  all  the 
authority  in  collecting  said  tax  vested  in  him  for  the  collection 
of  general  city  taxes.  Said  dues  shall  be  a  lien  on  the  real  estate 
to  which  the  water  was  furnished  front  the  time  said  list  is  placet 
in  the  hands  of  said  clerk,  and  all  sums  that  have  accrued  during 
the  preceding  year  and  are  not  paid  by  the  first  day  of  Novem- 
ber in  any  year  shall  be  reported  by  the  treasurer  to  the  clerk, 
who  shall  insert  the  same  in  the  tax  roll  as  a  delinquent  tax 
against  the  property.  All  proceedings  in  relation  to  the  collec- 
tion, return  and  sale  of  property  for  delinquent  city  taxes  shall 
apply  to  said  tax. 

925 — 99a.     (Ch.  362,  1901.) 

Contract,  how  let.  SECTION  925 — 99a,  After  the  council 
shall  have  ordered  the  laying  of  any  water  pipe,  the  board  of 
public  works,  shall  advertise  for  and  receive  bids  to  do  the  work 
so  ordered,  having  first  procured  to  be  carefully  prepared  and 
put  on  file  in  the  oifice  of  the  board,  for  the  examination  and 
guidance  of  bidders,  plans  and  specifications  describing  the 
work  to  be  done  and  the  kinds  and  qualities  of  materials  to  be 
used,  as  directed  by  the  council,  and  shall  let  the  contract  to  the 
loVest  responsible  and  reliable  bidder ;  provided,  however,  that 
the  board  shall  have  the  right  to  "reject  all  bids  and  readvertise 
for  proposals  if  they  believe  none  of  the  bidders  are  responsible 
or  that  any  agreement  has  been  entered  into  between  bidders 
to  prevent  competition ;  and  provided  further,  that  the  contract 
shall  not  be  binding  until  approved  by  the  council  and  counter- 
signed by  the  comptroller. 

925 — 99b.      (Ch.  362,  1901.) 

Work,  how  paid  for.  SECTION  925 — 99b.  Such  contract 
may  at  the  option  of  the  city,  except  as  herein  otherwise  pro- 
vided, require  the  contractor  to  receive  as  payment  for  so  much 
of  the  work  as  has  been  assessed  against  the  lots,  tracts  or  par- 
cels of  land,  opposite  to  the  front  of  which  any  water  pipe  shall 
extend  certificates,  against  such  lots,  tracts  or  parcels  of  land, 
respectively,  or  improvement  bonds,  and  the  residue  of  such 
contract,  shall  be  paid  out  of  the  waiter  works  fund,  in  the  city 
treasury,  and  such  certificates  and  bonds  shall  be  issued  and  col- 
lected in  the  same  -manner  as  is  now  provided  in  .sub-chapter 
18  cf  chapter  40a.  statutes  of  '1898,  for  issuing  and  collecting 
certificates  and  improvement  bonds  for  street  improvements. 


70       GENE  UAL   CHARTER   LAW  OF   WISCONSIN. 

925 — 100.     (Ch.  260,  1907.) 

Water  pipes;  laying  of:  assessment  against  lot  owners. 
SECTION  925 — 100.  1.  The  board  of  public  works,  before  lay- 
ing any  water  pipe  along  any  street,  alley  or  other  line  in  said 
city,  shall  assess  against  the  several  lots,  parts  of  lots  or  parcels 
of  land  which  may  front  or  abut  on  the  proposed  line  of  water 
pipe,  or  which  may  be  contiguous  to  and  used  in  connection  with 
any  such  lot  -or  parcel  of  land,  such  sum  as  such  lot  or  parcel 
of  land  will  be,  in  the  judgment  of  said  board,  specially  bene- 
fited by  reason  of  laying  such  water  pipe,  not  to  exceed,  how- 
ever, the  amount  prescribed  in  the  next  section ; 

One  assessment.  2.  Xo  lot.  parcel  of  land  or  part 
thereof  shall  be  subjected  to  the  payment  of  more  than  one 
assessment  for  water  pipe  laid  in  the  same  street  or  alley. 

Notice.  3.  Before  making  such  assessment  they  shall  give 
notice  by  publication  in  the  official  city  paper  to  the  owners  of 
such  lots  or  parcels  of  the  time  when  and  place  where  they  will 
meet  to  hear  objections  to  the  proposed,  assessment,  and  they 
shall  make  no  assessment  of  benefits  upon  such  lots,  nor  any  ap- 
portionment of  any  part  of  the  cost  of  laying  such  pipe  between 
different  lots,  until  after  such  hearing.  The  owner  of  any  such 
lot  may  appear  at  such  time  and  place  and  be  heard  upon  the 
question  of  assessment  and  apportionment. 

Cities  4th  class.  4.  In  cities  of  the  fourth  class  wherein  a 
water  system  was  constructed  and  water  wPes  laid  along  the 
public  streets,  previous  to  the  adoption  of  chapter  lOa,  statiit'-s 
of  1898,  by  said  city  for  its  government,  entirely  at  the  public 
expense;  the  common  council  may  by  a  majority  vote  of  all  the 
members  thereof,  cause  watier  mains  to  be  extended  from  such 
system  along  the  public  streets  and  alleys  as  they  may  direct 
at  the  expense  of  such  city,  the  same  to  l)C  constructed  as  other 
public  worJfs  as  provided  by  such  statutes. 

925 — 101. 

Basis  of.  on  regular  lots.  SECTION  925 — 101.  A  regular 
lot  (not  corner)  which  may  front  or  abut  on  the  line  of  water 
pipe  shall  be  assessed  an  amount  equal  to  one-half  of  the  cost, 
as  estimated  by  said  board,  of  furnishing  and  laying  a  regular 
minor  water  pipe  of  approved  materials  and  manufacture  with 
the  required  openings  for  connections  with  private  service  water 
pipes  along-  the  front  of  said  lot.  unless  such  board  shall,  after 


GENERAL   CHARTER   LAW  OF  WISCONSIN.        71 

such  hearing,  diminish  such  assessment  which,  shall  in  no  event 
exceed  such  half;  such  minor  pipe  to  be  not  less  than  four  nor 
more  than  six  inches  in  diameter,  as  said  board  may  determine. 
Every  irregular  lot,  part  of  lot  or  other  parcel  of  land  fronting 
or  abutting  on  such  line  of  water  pipe,  and  likewise  any  parcel 
of  land  or  lot  which  shall  be  contiguous  to  any  parcel  of  land  or 
lot  or  part  of  lot  so  fronting  or  abutting,  and  which  in  the  judg- 
ment of  said  board  is  or  may  be  most  advantageously  used  in. 
connection  therewith,  shall  be  assessed  for  such  water  pipe  the 
amount  which  in  their  judgment  shall  be  as  nearly  as  may  be 
in  just  proportion  to  the  amount  assessed  for  regular  lots  as 
compared  with  the  special  benefits  derived  by  each  from  the 
laying  of  said  water  pipe. 

925 — 102. 

On  corner  lots,  etc.  SECTION  925 — 102.  Every  corner  lot 
.and  every  lot,  part  of  lot  or  parcel  of  land  which  may  front  or 
abut  on  irore  than  one  street  on  which  it  is;  proposed  to  lay  a 
line  of  water  pipe,  shall  be  assessed  for  every  such  line  of  pipe ; 
but  the  aggregate  of  the  assessments  therefor  on  any  such  lot  or 
parcel  of  land  shall  be  as  nearly  as  may  be  in  just  proportion 
to  the  amount  assessed  for  regular  lots  as  compared  with  the 
special  benefits  derived  by  them  respectively  from  the  laying  of 
such  water  pipe ;  and  in  making  such  assessment  the  board  shall 
take  into  consideration  the  situation  of  such  lot  or  parcel  of  land 
with  respect  to  its  different  fronts,  and  all  subdivisions  thereof 
by  sale,  contract,  use  or  occupation  in  severalty,  and  may  assess 
subdivisions  separately,  and  may  also  assess  any  subdivision  of 
such  lot  or  parcel  of  land  in  connection  with  any  other  part  of 
such  lot  or  other  lot  or  land  contiguous  thereto  and  most  ad- 
vantageously used  in  connection  therewith. 

925 — 103. 

Apportionment  if  lot  subdivided.  SECTION  925 — 103. 
Whenever  any  lot  or  parcel  of  land  shall  be  subdivided  by  sale  or 
contract  or  by  use  or  occupation  in  severalty,  after-  the  assess- 
ment of  special  benefits  as  herein  provided,  said  board  of  public 
works  may,  after  ascertaining  such  facts,  at  any  time  before  the 
special  assessment  shall  have  been  inserted  in  the  tax  roll,  make 
an  equitable  apportionment  of  the  benefit  tax  against  such  lot 
or  parcel  of  land  among  the  different  subdivisions  thereof. 

925 — 104. 

Reports  of  assessments;  notice.  SECTION  925 — 104.  The 
said  board  of  public  works  shall  file  reports  of  such  assessments 


72        GENERAL   CHARTER   LAW  OF   WISCONSIN. 

with  the  comptroller  in  cities  of  the  first  class  and  with  the  city 
clerk  in  other  cities,  who  shall  record  the  same  in  a  book  kept 
for  that  purpose  and  give  notice  .thereof  to  the  parties  interested 
by  publishing  the  same  once  in  each  week  for  three  successive 
weeks  in  the  official  paper.  Any  person  feeling  himself  ag- 
grieved by  the  report  of  said  board  may,  within  twenty  days 
after  the  completion  of  the  publication  of  notice  by  the  comp- 
troller, appeal  from  such  report  to  the  circuit  court  of  the  county 
in  .which  the  city  or  any  part  thereof  is  situated.  Such  appeal 
shall  be  taken  and  conducted  in  like  manner  and  like  security 
for  costs  shall  be  required  as  provided  by  law  in  cases  of  ap- 
peals from  the  decisions  of  the  council  of  said  city  to  said  court 
on  the  return  of  assessment  of  benefits  or  street  improvements. 
Such  appeal  shall  raise  the  sole  question  of  the  relative  amount 
of  the  assessment  as  between  different  l</ts  or  parts  of  lots.  In 
the  making  and  signing  of  all  reports  or  returns  by  said  board 
to  the  comptroller  or  any  other  officer  the  official  signature  of 
the  president  and  secretary  of  said  board  shall  be  sufficient. 

925 — 105.     (Ch.  362,  1901.) 

Report  to  comptroller;  collection  of  assessments.  SEC- 
TION 925 — 105.  The  said  board  of  public  works  shall  from  time 
to  time  make  and  file  a  report,  with  the  comptroller  in  cities  of 
the  first  class  and  with  the  city  clerk  in  all  other  cities,  in  time, 
if  practicable,  to  have  the  assessments  due  included  in  the  tax 
roll  for  the  current  year,  of  all  work  done  for  which  assessments 
shall  have  been  made  as  hereinbefore  provided,  and  the  comp- 
troller in  cities  of  the  first  class  shall  make  certified  returns 
of  such  assessments,  based  upon  such  report,  to  the  city  clerk 
in  time  to  have  the  same  included  in  such  tax  roll  if  it  is  prac- 
ticable to  do  so.  Such  assessments  shall  be  entered  on  the  tax 
roll  in  a  separate  column  under  the  head  of  ' '  water  pipe  assess- 
ments, ' '  and  the  same  shall  be  collected  and  the  payment  thereof 
enforced  by  sale,  deed  and  other  proceedings  as  is  now  provided 
by  law  in  cases  of  assessments  for  street  improvements,  and 
if  no  certificates,  or  special  improvement  bonds  have  been  issued 
on  account  thereof;  all  such  assessments  and  the  proceeds  there- 
of when  so  collected  shall  belong  to  the  water  works  fund. 

925 — 106.     (Ch.  287,  1909.) 

Water  mains:  expense.  SECTION  925 — 106.  The  preceding 
provisions  relating  to  the  construction  of  water  mains  in  whole 
or  in  part  at  the  expense  of  abutting  owners  shall  not  apply  ex- 
cept in  cases  where  the  city  owns  the  works ;  and  in  cases  where 


GENERAL   CHARTER   LAW  OF  WISCONSIN.        73 

the  water-works  are  now  owned  or  may  hereafter  he  purchased 
by  tin-  city  tin  extension  of  mains  after  such  purchase  shall  be 
imule  at  the  expense  of  the  city  at  large  or  at  the  expense  of 
abbutting  property  as  the  council  shall  determine. 


Chapter  XIII. — The  Health  Commissioner. 

925 — 107. 

Appointment  of.  SECTION  925—107.  In  every  city  gov- 
erned by  this  chapter  the  mayor  shall,  once  in  two  years,  nom- 
inate a  regularly  licensed  physician  as  commissioner  of  public 
health;  such  commissioner  shall  hold  his  office  for  two  years 
and  until  his  successor  shall  be  qualified. 

925 — 108. 

His  duties.  SECTION  925 — 108.  The  commissioner  of  public 
health  shall  have  all  the  power  and  authority  heretofore  given 
or  which  may  hereafter  be  given  to  boards  of  health  by  any 
general  law,  and  it  shall  be  his  duty  to  provide  such  additional 
rules  and  regulations  as  shall  be  proper  and  necessary  for  the 
preservation  of  the  health  of  the  people  of  the  city,  to  prevent 
the  spread  of  contagious  diseases  and  to  cause  the  removal  of 
all  objects  detrimental  to  the  health  of  such  people,  and  to  en- 
force such  rules  and  regulations  as  are  hereinafter  provided. 

925 — 109. 

Rules  to  be  approved.  SECTION  925 — 109.  All  rules  and 
regulations  prepared  by  said  commissioner  shall  be  by  him  re- 
ported to  the  council,  and  if  the  -council  shall  approve  the  same 
by  a  vote  of  a  majority  of  its  members,  such  rules  and  regula- 
tions shall  have  the  force  and  effect  of  ordinances,  and  the  vio- 
lation thereof  may  be  prosecuted  and  punished  as  in  the  case 
of  ordinances. 

925 — 110. 

Recommendations.  SECTION  925 — 110.  The  commissioner 
of  public  health  shall  also,  from  time  to  time,  recommend  to  the 
council  such  sanitary  measures,  to  be  executed  at  the  public  ex- 
pense, as  shall  seem  to  him  to  be  necessary  for  the  preservation 
of  the  public  health. 

925 — 111. 

Salary;  assistants.  SECTION  925 — 111.  It  shall  be  the  duty 
of  the  council  to  fix  the  salary  of  'said  commissioner,  which  shall 


74:       GENERAL   CHARTER   LAW  -OF   WISCONSIN. 

be  paid  out  of  the  city  treasury.  The  commissioner  may  ap- 
point, subject  to  confirmation,  by  the  mayor,  such  assistants  as 
may  be  necessary,  and  all  such  appointees  shall  receive  such  sal- 
ary or  compensation  as  the  council  may  fix. 

925 — Ilia. 

Abatement  of  nuisances.  SECTION  925 — Ilia.  The  com- 
missioner of  public  health  or  any  person  acting  under  him  shall 
have  authority  to  enter  into  and  examine  at  any  time  all  build- 
ings, lots  and  places  of  any  description  within  the  city  for  the 
purpose  of  ascertaining  the  condition  thereof  so  far  as  the  public 
health  may  be  affected  thereby,  and  any  person  refusing  to  allow 
entrance  into  or  upon  his  premises  at  reasonable  hours  for  such 
purpose  shall,  on  conviction  thereof,  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars;  and  in  all  cases  in 
which  the  commissioner  shall  deem  it  necessary  for  the  protec^ 
tion  of  the  health  of  the  city  to  abate  or  remove  any  nuisance, 
source  of  filth  or  cause  of  sickness  which  shall  be  found  on  priv- 
ate property  he  shall  cause  a  notice  to  be  served  on  the  owner 
or  occupant  thereof  requiring  him  to  remove  the  same  at  his 
own  expense  within  a  reasonable  time,  not  less  than  twenty-four 
hours;  and  if  said  owner  or  occupant  shall  refuse  or  neglect  to 
comply  with  such  notice,  or  if  such  nuisance,  source  of  filth  or 
cause  of  sickness  exist  on  the  property  of  non-resident  owners 
or  upon  property  the  owners  of  which  cannot  be  found,  the  com- 
missioner shall  cause  the  removal  of  such  nuisance,  source  of 
fifth  or  cause  of  sickness  under  his  direction  at  the  expense  of 
the  city,  and  the  cost  thereof  shall  be  charged  against  the  lots, 
pieces  or  parcels  of  land  upon  which  said  work  was  done,  and 
shall  be  assessed  against  said  property  in  the  manner  provided 
for  the  assessment  of  other  special  taxes.  Tke  commissioner 
.shall,  in  each  year,  certify  to  the  tax  commissioner  or  city  clerk, 
in  time  for  insertion  in  the  tax  roll,  a  certified  list  of  all  special 
taxes  to  be  levied  by  reason  of  work  done  as  herein  required, 
and  such  certified  list  shall  be  prima  facie  evidence  of  the 
legality  and  regularity  of  said  special  taxes,  and  they  shall 
be  included  in  the  list  of  such  taxes  in  the  tax  roll  of  the  city 
before  delivery  of  the  same  to  the  city  treasurer. 

925 — lllb. 

Physicians  to  report  contagious  diseases.  SECTION  925— 
1116.  It  shall  be  the  duty  of  every  physician  practicing  in  any 
city  which  has  adopted  this  chapter  to  report  in  writing  to  the 
commissioner  of  public  health  every  patient  he  shall  have  who  is 


GENERAL   CHARTER   LAW   OF  WISCONSIN.        75 

sick  with  smallpox,  scarlet  fever,  diphtheria,  typhoid  fever, 
Asiatic  cholera  or  any  other  dangerous  contagious  disease  within 
twenty-four  hours  after  he  shall  ascertain  or  suspect  the  nature 
of  such  disease.  These  reports  shall  be  in  such  form  as  may  be 
prescribed  by  the  state  board  of  health,  and  shall  state  the  name, 
.sex,  age  and  place  of  residence  of  the  person  whose  sickness  is 
reported,  the  nature  of  the  disease  and  such  additional  facts 
as  said  board  may  prescribe.  Any  practicing  physician  who 
shall  refuse  or  neglect  to  perform  the  duties  required  of  him 
by  this  section  or  who  shall  make  a  false  return  of  the  facts  re- 
quired shall  be  punished  by  a  fine'  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars  for  each  offense,  or 
by  imprisonment  in  the  count}?-  jail  for  a  period  not  exceeding 
sixty  days,  or  by  both  fine  and  imprisonment. 

925 — 112. 

Additional  duties.  SECTION  925 — 112.  The  commissioner 
of  public  health  shall  also  discharge  such  duties,  not  herein  enum- 
erated, as  may  from  time  to  time  be  imposed  upon  him  by  the 
council  by  ordinance  or  resolution,  and  shall  make  such  reports 
to  the  state  board  of  health  and  generally  perform  such  duties 
as  are  or  may  be  required  of  health  officers  by  these  statutes. 

925 — 112a. 

Duty  of  police  and  other  officers.  SECTION  925 — 112&.  It 
sihall  be  the  duty  of  the  members  of  the  police  force  of  the  city 
and  of  all  magistrates  and  other  civil  officers  and  all  citizens  to 
aid  to  the  utmost  of  their  power  the  commissioner  of  public 
health  in  the  discharge  of  his  duties,  and  on  his  requisition  it 
shall  be  the  duty  of  the  -chief  of  police  to  serve  or  detail  one  or 
more  of  the  policemen  to  serve  the  notices  issued  by  said  com- 
missioner and  to  perform  such  other  duties  as  he  may  require. 

Chapter  XIV. — Schools. 

925 — 113.      (Ch.  177,  1909.) 

School  board:  changing  system  and  boundaries;  certain 
cities.  SECTION  925 — 113.  1.  If  in  any  city  other  than  of  the 
first  class  which  has  adopted  the  general  charter  law,  or  which 
shall  hereafter  become  incorporated  under  the  provisions  of  sec- 
tion 925g,  of  the  statutes,  or  which  has  adopted  or  which  shall 
hereafter  adopt  sub-chapter  XIV  of  chapter  40a,  of  the  statutes, 
there  shall  be  at  the  time  of  such  adoption  or  incorporation  a 
board  of  education  or  a  school  board  elected  by  the  people,  or 
the  ordinary  school  district  system  is  in  force,  the  plan  of  school 
organization  and  management  shall  continue  until  changed  by 


76        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

a  majority  vote  of  the  electors  of  such  school  district  or  districts ; 
neither  shall  the  adoption  of  the  general  charter  or  the  act  of- 
incorporation  under  the  provisions  of  section  925g  operate  to 
change  or  in  any  way  affect  the  boundaries  of  any  school  district. 

2.  If  the  district  system  is  in  force,  the  vote  shall  be  taken  at 
a  special  election,  duly  called,  noticed  and  held  as  provided  by 
law ;  and  if  any  city  shall  contain  more  than  one  school  district, 
then  the  special  election  shall  be  held  in  each  school  district  any 
part  of  which  lies  within  the  city  limits,  upon  the  same  day  and 
at  the  same  hour,  and  the  existing  system  shall  not  be  changed 
unless  a  majority  of  the  electors  voting  in  each  district  at  such 
spvNcial  election  shall  vote  in  favor  of  such- change. 

o  If  a  majority  of  the  electors  voting  in  each  such  district  at 
«uch  special  election  shall  vote  in  favor  of  such  change,  then 
such  change  of  school  system  shall  go  into  effect  and  be  such  as 
is  provided  for  in  said  sub-chapter  XIV  and  the  school  district 
boundaries  shall,  without  further  action,  be  changed  so  as  to 
create  one  school  district  which  shall  include  all  the  territory 
embraced  within  the  limits  of  such  city  and  each  and  all  of 
those  parts  or  portions  of  each  such  former  district  or  districts 
lying  outside  of  the  limits  of  such  city  shall  be  attached  to  and 
connected  with  such  city  for  school  purposes ;  such  change  of 
the  school  system  and  school  district  boundaries  shall  go  into 
effect  on  the  first  day  of  March  following  such  special  election 
and  not  earlier,  and  the  school  district  boards  and  district  of- 
ficers existing  at  the  time  of  holding  such  election  shall  con- 
tinue in  office  and  shall  have  exclusive  control  of  their  respective 
schools  and  school  properties  until  such  change  of  school  system 
and  school  district  boundaries  shall  go  into  effect  as  hereinbe- 
fore provided  and  to  the  end  of  the  then  current  school  year, 
and  on  the  first  Monday  of  July  following  the  date  when  such 
change  of  school  system  goes  into  effect  each  of  said  school  boards 
shall  settle  their  accounts  with  the  board  of  education  and  shall 
deliver  all  property,  papers  and  records  of  each  of  their  respec- 
tive districts  to  said  board  of  education. 

4.  Immediately  after  the  holding  of  such  special  election  in 
each  such  district,  each  school  district  board  shall  certify  anS 
return  the  results  of  such  election  to  the  clerk  of  each  city  and 
town  within  which  any  part  of  either  of  such  district  is  located 
and  if  such  change  of  school  system  is  voted  upon  favorably  in 
each  such  district,  the  clerk  of  each  such  municipality  shall  make 
a  record  in  his  office  showing  the  change  of  such  system  and 
boundaries  and  the  date  when  the  same  will  go  into  effect. 

5.  If  the   existing  system  of  school   organization   is  directed 


GENERAL   CHARTER   LAW  OF   WISCONSIN.        77 

<md  controlled  by  a  board  of  education  or  a  school  board  either 
appointed  or  elected  under  the  provisions  of  a  special  charter, 
.such  system  can  be  changed  by  vote  of  the  electors  taken  at  a 
special  election  called  and  held  pursuant  to  the  provisions  of 
such  special  charter  governing  special  elections. 

6.  If  the  existing  system   of  school   organization   is   directed 
and  controlled  by  a  board  of  education  appointed  by  the  mayor 
under  the  provisions  of  the  general  charter  law,  such  system 
can  be  changed  by  a  vote  of  the  electors  taken  at  a  special  elec- 
tion duly  called  and  held  pursuant  to  law. 

7.  In  all  cases  where  the  existing  system  or  plan  of  school 
mi,,  nizatioii  shall  be  changed  under  the  provisions  of  this  act, 
such  change  shall  not  go  into  effect  until  the  close  of  the  then 
•current  school  year. 

8.  In  all  cities  governed  by  th's  sub-chapter,  the  school  shall 
be  rii'dcr  the  control  of  a  board  of  education,  which  board  ex-, 
rept  as  provided  in  section  925 — '113n  shall  consist  of  one  com- 
missioner from  each  ward  and  three  from  the  city  at  large,  to 
be  appointed  by  the  mayor  and  confirmed  by  the  common  coun- 
cil, or  elected  by  the  common  council,  if  so  determined  by  or- 
dinance.    The  mayor  in  appointing  or  council  in  electing  the 
first  board  shall  divide  the  members  into  three  classes  as  nearly 
equal  as  may  be,  one  of  the  commissioners  at  large  being  in 
each  class,  and  shall  appoint  those  of  one  class  for  one  year, 
those  of  another  class:  for  two  years,  and  those  of  the  remaining 
class  for  three  years.     Each  commissioner  shall  hold  his  office 
for  the  term  designated  in  such  classification  and  until  his  suc- 
cessor shall  have  qualified ;  thereafter  all  commissioners  shall  be 
appointed  or  elected  and  hold  their  offices  for  three  years  and 
until  their  successors  shall  have  qualified. 

925 — 113a.     (Ch.  237,  1909.) 

Cities,  4th  class :  changing  school  government.  SECTION 
'925 — 113a.  1.  Upon  the  presentation  of  a  resolution  to  the  city 
clerk  of  any  city  of  the  fourth  class  now  operating  its  schools 
under  the  provisions  of  the. general  charter  or  a  special  charter, 
:signed  by  thirty  per  cent,  of  the  legal  voters  of.  such  city  school 
district,  requesting  a  return  to  the  ordinary  district  system  of 
school  government,  and  an  annulment  of  that  provision  of  the 
charter  under  which  the  schools  are  now  administered,  it  shall 
become  the  duty  of  the  city  council  to  submit  this  question  to 
the  electors  of  the  city  school  district  at  a  special  election,  duly 
^called,  noticed  and  held  pursuant  to  law. 

2.  And  if  a  majority  of  the  electors  of  the  city  school  district 


7^      <;K.\KRAL  CHARTER  LAW  OF  WISCONSIN, 

shall,  at  the  special  electi:  n  duly  held  pursuant  to  the  provisions 
of  such  special  charter  governing  special  elections  or  of  the- 
"general  charter,  vote  in  favor  of  said  change  of  school 'govern- 
ment, then  thereafter  the  schools  of  such  city  school  district 
shall  be  administered,  maintained,  and  operated  under  the  or- 
dinary district  form  of  school  government  until  changed  by 
competent  authority. 

3.  In  all  case-  where  the  existing  system  or  plan  of  school  or- 
ganization shall  be  changed  under  the  provisions  of  this  act, 
such  change  shall  not  go  into  effect tuntil  the  close  of  the  current 
school  year. 

925 — 113m.     (Ch.  177,  1909.) 

Special -election,  adopting  925 — 113n.  SECTION  925— 
113m.  At  the  special  election  mentioned  in  section  925 — 113,. 
•there  shall  be  submitted  to  a  vote  .'of  the  electors  of  the  several 
school  districts  the  question,  " Shall  the  board  of  education  be 
elected  in  accordance  with  section  925 — 11 3n?"  If  a  majority 
of  a'.]  the  votes  cast  upon  that  question  at  siu-h  electi-  n  shall  be 
in  the  affirmative,  then  the  board  of  education  shall  be  elected 
in  accordance  with  the  provisions  of  said  section  925 — 113n  at 
the  spring  election  held  in  such  city  next  after  the  time  when 
such  change  of  school  system  and  school  district  boundaries  shall 
go  into  effect. 

925 — 113n.     (Ch.  177,  19<>;).» 

Board  of  education;  members;  election;  notice;  term; 
vacancy.  SECTION  925 — 113n.  1.  Where  the  electors  have 
decided  in  the  affirmative  under  the  preceding  section,  the 
board  of  education  shall  consist  of-  seven  commissioners 
elected  at  large  from  the  territory  of  such  city.  The 
members  of  .such  board  shall  be  divided  as  nearly  equal  as  may 
be  into  three  classes.  One  class  of  three  members  shall  be  elec- 
ted for  one  year,  one  class  of  two  members  for  two  years,  and 
those  of  the  remaining  class  for  three  years.  Such  commissioners 
shall  be  elected  at  the  annual  spring  election  held  in  such 
city.  The  names  of  the  candidates  for  the  office  of  school  com- 
missioner shall  be  printed  upon  a  separate  ballot  under  the 
title  "school  commissioners." 

2.  At  the  annual  spring  election  next  after  the  time  when  the 
change  of  school  system  and  school  district  boundaries  shall  go 
into  effect,  there  shall  be  elected  seven  commissioners  to  con- 
stitute the  board  of  education  for  such  school  district.  All 
qualified  electors  within  such  city  shall  be  entitled  to  vote  for 
such  commissioners  at  such  election. 


GffiNEKAL   rilAHTKR    LAAV   OP   WISCONSIN.        79 

3.  At  the  first  election  held  for  the  office  of  school  commis- 
sioner the  two  persons  receiving  the  highest  number  of  votes 
shall  he  elected  for  three  years,  the  two  receiving  the  next  high- 
est number  of  votes  shall  be  elected  for  two  years,  and  the  three 
receiving-  the  next  highest  number  of  votes  shall  be  elected  for 
one  year.     Each  elector  voting  at  such  first  election  shall  be  en- 
titled to  vote  for  seven  candidates.       Thereafter  such  electors 
shall  elect  at  each  spring  election  commissioners  for  the  term  of 
three  years.     Each  elector  shall  be  entitled  to  vote  for  as  many 
candidates  as   there   are   commissioners   to   be   elected  and  tlie 
ones  receiving  the  highest  number  of  votes  shall  be  elected. 

4.  The  votes  cast  at  such  election  shall  be  canvassed  and  re- 
turn  thereof   certified  to  the   common   council.        The   common 
council  shaU  canvass  the  returns  of  such  election  and  shall  de- 
clare the  re-.ult  thereof  as  f :  r  city  officers. 

5.  The  persons  elected  in  accordance  herewith  shall  constitute 
the  b:>ard  of  education  of  such  school  district.     The  term  of  of- 
fice of  each  such  commissioner  shall  commence  ori  the  first  day 
of  .May  following  such  election  and  each  commissioner  shall  hold 
office  until  his  successor  is  elected  and  qualified.     Vacancies  in 
such  br-ard  of  education  shall  be  filled  by  appointment  by  the 
mayor  of  such  city  subject  to  the  approval  of  the  council.     No- 
tices of  election  under  this  statute  shall  be  given  as  in  other  elec- 
tions in  said  city. 

925 — 114. 

Annual  meeting.  SECTION  925—114.  The  first  meeting  of 
the  board  each  year  shall  be  held  on  the  first  Monday  in  May 
or  as  soon  thereafter  as  may  be.  At  such  meeting  the  board 
shall  elect  one  of  its  members  president  and  another  vice-pres- 
ident. The  president  rhall  preside  and  preserve  order  at  every 
me; --ting  of  the  board  at  which  he  shall  be  present,  and  perform 
such  other  duties  as  the  board  shall  by  rule,  by-law  or  resolu- 
tion from  time  to  time  require  of  him.  It  shall  be  the  duty  of 
the  vice-president  to  discharge  the  duties  of .  the  president  in 
his  absence. 

925 — 115. 

Secretary  and  superintendent.  SECTION  925 — 115.  In 
'Cities  of  the  first  class  the  board  of  education  shall,  annually  at 
its  first  meeting  or  as  soon  thereafter  as  may  be,  elect  a  secretary 
who  shall  not  be  a  member  of  the  board.  In  other  cities  the 
city  clerk  shall  be  ex  officio  secretary  of  the  board.  In  cities 
not  under  the  supervision  of  a  county  superintendent  the  board 


80        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

shall,  in  like  manner  at  such  meeting  or  as  soon  thereafter  as 
may  be,  elect  a  superintendent  of  schools  for  the  city  who  shall 
not  be  a  member  of  the  board.  These  officers  shall  hold  their 
respective  offices  for  one  year  and  until  their  successors  shall 
have  been  elected,  unless  sooner  removed  by  a  resolution  adopted 
by  a  vote  of  two-thirds  of  the  members  of  the  board. 

925 — 116. 

Authority  of  board.  SECTION  925 — 116.  The  board  of  edu- 
cation shall  have  authority : 

1.  To  establish  and  organize  such  high  schools  arid  so  many 
district  schools  and  branches  of  the  same,  primary  schools,  night 
schools  and  kindergartens  as  they  shall  deem  expedient. 

"2  To  establish  and  change  from  time  to  time  such  and  so 
many  school  districts  as  shall  include  all  the  territory  of  the  city, 
and  to  afford  to  the  people  of  the  city  such  district  school  facil- 
ities as  the  circumstances  of  the  city  and  its  various  parts  may 
from  time  to  time  require ;  provided,  that  in  cities  adopting  this 
chapter  or  being  newly  organized  under  it  the  school  districts 
already  established  shall  remain  until  otherwise  ordered  by  the 
board. 

3.  To  purchase  and  preserve  such  school  apparatus  as  may 
from  time  to  time  be  required. 

4.  To  grade  the  schools  and  prescribe  the  course  of  study  to 
be  pursued  therein  and  the  text-books  to  be  used ;  provided,  that 
such  text-books  shall  not  be  changed  oftener  than  once  in  five 
years 

5.  To  employ  teachers  of  all  grades  and  fix  their  salaries. 

6.  To  prescribe  rules  of  order  for  the  regulation  of  their  own 
meetings  and  deliberations,  and  alter  and  repeal  the  same  from 
time  to  time  as  they  shall  see  proper. 

7.  To  appoint  all  necessary  standing  and  special  committees. 

8.  To  enact,  amend  and  repeal  all  necessary  rules,  regulations 
and  by-laws  for  the  government  of  the  schools,  teachers  and 
school  officers. 

9.  To  fix  the  salaries  and  prescribe  the  duties  of  the  superin- 
tendent of  schools  in  cities  not  under  the  supervision  of  a  counfy 
superintendent,  to  authorize  him  to  appoint  such  assistant  super- 
intendents, either  for  general  or  special  service,  as  they  may 
deem  necessary,  and  fix  the  salaries  of  such  assistants ;  to  fix  the 
salary  of  the  secretary  of  the  board  and  his  assistants :  prescribe 
his  duties,  whether  he  be  the  city  clerk  or  one  specially  elected 
•by  the   board,   and   in   the  latter   case   to   authorize   such   sec- 
retary to  appoint  such  assistants  as  they  may  deem  necessary. 


GENERAL   CHARTER  LAW  OF   WISCONSIN.        81 

10.  To  contract  for  and  purchase  all  necessary  fuel  for  the 
schools  and  school  offices,  provide  for  lighting  the  same,  appoint 
janitors  for  the  school  buildings  and  school  offices  and  fix  their 
salaries. 

11.  To  estimate  the  expenses  of  the  public  schools  as  herein- 
after provided. 

12.  To  exercise  all  the  powers  necessarily  incident  to  the  pow- 
ers herein  conferred. 

925 — 117. 

Monthly  and  special  meetings.  SECTION  925 — 117.  It 
shall  be  the  duty  of  said  board  to  hold  monthly  meetings  at 
such  times  as  it  shall  from  time  to  time  prescribe ;  special  meet- 
ings may  be  held  under  such  rules  and  regulations  as  the  board 
may  fix. 

925 — 118. 

School  buildings ;  office  for  board.  SECTION  925 — 118.  It 
shall  be  the  duty  of  the  board  of  public  works,  except  as  pro- 
vided in  section  925 — 87,  under  the  direction  of  the  council,  to 
erect  and  keep  in  repair  all  school  buildings,  and  to  provide 
suitable  offices  for  the  board  of  education  and  its  secretary, 
if  there  be  one  other  than  the  city  clerk,  and  the  city  superin- 
tendent of  schools,  if  any.  In  the  absence  of  permanent  school 
buildings,  or  proper  offices  for  the  transaction  of  school  busi- 
ness, the  board  of  public  works  may  rent  suitable  rooms,  tem- 
porarily, for  schools  or  offices  or  either. 

925 — 118a.     (Ch.    194,   1909.) 

Cities,  3rd  and  4th  class:  school  buildings;  sites;  con- 
struction; contracts.  SECTION  925 — 118a.  In  all  cities  of  the 
third  and  fourth  class  the  expenditure  of  all  sums  of  money 
appropriated  for  the  purchase  of  a  school  site,  or  sites,  or  for 
the  erection,  enlargement,  alteration,  or  repair  of  school  build- 
ings and  for  the  maintenance  of  schools,  shall  be  under  the  di- 
rection and  authority  of  the  board  of  education.  Whenever  the 
estimated  cost  of  the  buildings  to  be  erected,  enlarged,  alterecT, 
or  repaired  exceeds  one  thousand  dollars,  the  board  of  education 
shall  make,  or  cause  to  be  made,  plans  and  specifications  setting 
forth  clearly  and  in  detail  the  work  to  be  done  and  the  material 
to  be  used  and  an  estimate  of  the  cost  of  the  same.  After  these 
plans  and  estimates  have  been  adopted  by  the  board  and  ap- 
proved by  the  common  council  said  board  shall  give  at  least 
ten  days'  notice  by  advertisement  in  the  official  city  paper,  or  in 
fi 


82        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

one  designated  by  the  common  council,  of  the  reception  of  bids 
for  the  execution  of  the  proposed  work. 

All  bids  must  be  sealed  and  accompanied  by  a  satisfactory 
bond  in  such  sum  as  may  be  'designated  in  the  advertisement  for 
bids,  signed  by  the  bidder  and  two  or  more  sureties,  who  shall 
be  residents  of  this  state,  and  who  shall  justify  as  to  their  re- 
sponsibility and  by  their  several  affidavits  show  that  they  are 
worth  in  the  aggregate  at  least  double  the  amount  of  the  bond 
in  property  not  by  law  exempt  from  execution  in  this  state,  or 
by  a  bond  of  a  surety  company  duly  licensed  to  transact  busi- 
ness in  this  state,  such  bond  and  sureties  to  be  approved  by  the 
board  previous  to  the  opening  of  the  accompanying  bids  or  pro- 
posals, and  shall  be  conditioned  that  the  bidder  will  enter  into  a 
contract  with  the  required  sureties,  for  the  price  mentioned  in 
his  propoal  and  according  to  the  plans  and  specifications  on 
file,  in  ease  the  contract  shall  be  awarded  to  him;  and  in  case 
of  failure  on  his  part  to  execute  a  contract  with  satisfactory 
sureties,  said  bond  shall  ;be  prosecuted  in  the  name  of  said  city 
and  judgment  recovered  thereon  for  the  full  amount  of  the  pen- 
alty thereof  as  liquidated  damages,  in  any  court  having  juris- 
diction of  the  action,  unless  the  common  council  shall  by  resolu- 
tion direct  that  no  action  be  commenced;  provided  that  a  certi- 
fied check  for  not  less  than  five  per  cent,  of  the  estimated  cost 
of  said  proposed  work  may  be  received  by  said  board  in  lieu 
of  the  bond  hereinbefore  provided  for.  The  power  to  reject 
any  and  all  bids  shall  be  deemed  to  exist  unless  expressly 
waived.  «• 

All  contracts  entered  into  under  this  provision  shall  be  let 
to  the  lowest  bidder,  except  as  hereinafter  provided.  When- 
ever the  lowest  bid  for  any  work  to  be  let  by  the  board  shall 
exceed  the  estimates,  or  seem  to  said  board  to  be  unreasonably 
high,  the  board  is  authorized  to  reject  all  bids  and  to  re-adver- 
tise the  work  anew;  or  whenever  no  proper  bids  shall  be  re- 
ceived, or  whenever  the  lowest  bid  exceeds  the  estimate,  or  the 
l<.-west  bidder  shall  be  in  the  judgment  of  said  board  incom- 
petent, or  otherwise  unreliable  for  the  performance  of  the  work 
for  which  he  bids,  the  said  board  shall  report  to  the  common 
council  a  schedule  of  all  the  bids  received  together  with  such 
recommendations  as  the  board  shall  choose  to  make  with  their 
reasons  therefor,  and  the  common  council  may  authorize  the 
board  to  let  the  work  to  the  lowest  competent  and  reliable  bid- 
der ;  or  the  council  by  vote  of  two-thirds  of  all  its  members  may 
authorize  the  board  to  have  the  work  done  under  the  supervision 
of  such  person  or  persons  as  the  board  may  designate. 


GENERAL   CHARTER   LAW   OF  WISCONSIN.        83 

A  written  or  printed  contract  shall  be  entered  into  for  the 
completion  of  the  work  with  a  bond  in  such  sum  as  the  board 
may  designate  for  its  full  performance.  Said  bond  shall  be  ex- 
ecuted by  two  or  more  sureties  for  the  contractor,  guarantee- 
ing1 to  the  satisfaction  of  said  board  the  performance  of  such 
contract  by  the  contractor  under  the  supervision  and  to  the 
satisfaction  of  said  board,  each  of  which  sureties  shall  make 
affidavit  that  he  is  a  resident  of  the  state  of  Wisconsin,  and 
that  he  is  the  owner  of  real  estate  in  the  state  of  Wisconsin, 
free  from  incumbrances,  subject  to  execution,  of  a  cash  value 
e<juaj  to  the1  penal  sum  of  mAi  bond,  and  that  he  is  worth  the 
estimated  amount  of  money  to  be  paid  on  such  contract,  over 
and  above  all  his  debts  and  liabilities,  in  property  in  this  state 
subject  to  execution,  or  by  a  bond  of  a  surety  company  duly 
licensed  to  do  business  in  this  state. 

The  said  hoard  shall  reserve  in  every  contract  the  right  to 
determine  finally  the  performance  of  such  contract,  or  doing  of 
tlie  work  specified  therein;  and  the  right,  in  case  of  improper 
or  im  perfect  performance  thereof,  to  suspend  such  work  at  any 
time ;  or  to  order  the  entire  reconstruction  of  the  same,  if  im- 
properly done,  or  to  relet  the  same  to  some  other  competent 
party;  and  also  the  right,  in  case  such  work  shall  not  be  prose- 
cuted with  such  diligence  and  with  Mich  number  of  men,  as  to 
insure  its  completion  within  the  time  limited  by  the  contract, 
to  suspend  such  work  and  to  relet  the  same  to  some  other  com- 
petent party,  or  to  employ  men  and  secure  material  for  the 
completion  of  the  same,  and  charge  the  cost  to  the  contractor. 

And  power  is  hereby  given  to  the  said  board  to  adjust  and 
determine  all  questions  as  to  the  amount  earned  under  any  con- 
tract by  the  contractor  or  contractors,  according  to  the  true 
intent  and  meaning  of  the  contract ;  such  adjustment  and  deter- 
mination by  said  board  shall  be  reported  by  the  board  to  the 
common  council,  and  when  approved  by  said  council  shall  be 
final  between  the  parties  and  binding  upon  them.  If  the 
amount  of  damages  tr,  be  paid  to  the  city  shall  exceed  the 
amount  due  from  the  city  to  the  contractor,  or  contractors,  ac- 
cording to  such  determination  and  adjustment,  then  the  differ- 
ence, or  balance  in  favor  of  the  city,  according  to  such  deter- 
mination and  adjustment,  shall  be  recoverable  by  law  in  an  ac- 
tion in  the  name  of  the  city  against  such  contractor,  or  con- 
tractors, and  their  surities  in  any  court  having  jurisdiction. 

Kve.ry  contract  with  the  city  shall  also  <•  'itain  a  covenant  or 
agreement  on  the  part  of  the  contractor  or  his  sureties,  that  in 
case  such  contractor  shall  fail  to  fully  complete  and  perform 


84:       GENERAL   CHARTER   LAW  OF   WISCONSIN, 

such  contract  within  the  time  therein  limited  for  the  perform- 
ance thereof,  such  contractor  shall  pay  to  the  city  as  liquidated 
damages  for  such  default,  a  certain  and  definite  sum  for  each 
day's  delay  in  completing  the  contract,  after  the  time  therein 
limited  for  its  completion,  which  daily  sum  shall  be  determined 
and  fixed  by  said  board  before  the  contract  for  the  work  shall 
be  let  and  shall  be  stated  in  the  advertisement  for  proposals 
for  the  work,  and  shall  be  inserted  in  the  contract,  and  shall  in 
110  case  be  less  than  one-half  of  one  per  cent,  of  the  aggregate 
cost  of  the  work  embraced  in  said  contract. 

Payments  may  be  made  at  intervals  as  the  work  progresses, 
but  no  more  than  eighty  per  cent,  of  the  value  of  the  work  ac- 
tually done  and  material  furnished  shall  be  paid  at  any  time 
before  the  entire  completion  of  the  work. 

The  board  of  education  shall  have  authority  to  employ  a  com- 
petent person,  or  persons,  for  the  supervision  of  .the  work. 

In  any  city  of  the  third  and  fourth  class  the  common  council 
may  adopt  this  subsection  as  provided  in  section  926,  chapter 
40b,  statutes  of  1898. 

925 — 119.      (Ch.  186,  1899.) 

Estimate  of  expenses.  SECTION  925 — 119.  The  board  of 
education  shall  prior  to  the  first  day  of  March  each  year  make 
an  estimate  of  the  expenses  of  the  public  schools  for  the  ensu- 
ing year,  including  all  necessary  incidental  expenses  and  the 
amount  thereof  which  it  will  be  necessary  to  raise  by  city  taxa- 
tion and  certify  the  same  to  the  city  clerk  who  shall  lay  the  same 
before  the  common  council  at  the  first  regular  meeting  thereof 
in  March.  It  shall  be  the  duty  of  the  common  council  to  con- 
sider such  estimate  and  by  resolution  duly  adopted  prior  to  the 
first  day  of  April,  determine  the  amount  to  be  raised  by  city 
taxation  for  school  purposes  for  the  ensuing  year,  which  amount 
-so  fixed  shall  be  included  in  the  annual  budget  to  be  raised  by 
a  tax  called  the  city  school  tax,  which  shall  be  collected  the  same 
as  other  taxes.  It  shall  be  the  duty  of  the  city  treasurer  to 
set  aside  and  keep  all  moneys  raised  in  any  way  for  school  pur- 
poses, whether  by  the  state,  the  county  or  the  city,  coming  into 
his  funds  in  a  separate  fund  to  be  called  the  school  fund,  ancj. 
to  pay  out  the  same  upon  the  orders  of  the  board  of  education, 
signed  by  its  president  and  certified  by  its  secretary;  provided 
that  teachers'  and  janitors'  salaries  may  be  included  in  a 
single  order  each  month  in'  the  form  of  a  pay  roll  to  be  signed 
and  certified  as  aforesaid;  provided  further,  that  in  any  city 
adopting  this  chapter,  if  at  the  time  of  such  adoption  the  board 


GENERAL   CHARTER   LAW  OF  WISCONSIN.        85 

«,-f  education  or  school,  board  shall  have  power  to  levy  the  city 
school  tax  or  the  district  school  taxes,  such  power  shall  continue 
unaffected  by  this  chapter,  and  this  section  shall  not  apply  to 
such  city  nor  be  in  force  therein  until  specially  adopted  by  a 
vote  of  three-fourths  of  the  members  of  the  council. 

925 — 119m.      (Ch.  177,  1909.) 

Tax:  property  subject  to  levy;  collection.  SECTION  925 — 
11  <iu).  1.  In  all  cities  governed  by  this  sub-chapter,  having  a 
school  system  under  the  provisions  hereof  and  having  attached 
to  or  connected  with  it  for  school  purposes  territory  outside  of 
the  city  limits,  all  the  taxable  property  within  the  territory 
so  attached  to  or  connected  with  such  city  shall  be  subject  to 
be  taxed  for  the  support  and  maintenance  of  the  schools  of  such 
city,  the  same  as  property  within  such  city*, 

2.  It  shall  be  the  duty  of  the  city  clerk  of  such  city  in  each 
year  to  ascertain  the  rate  per  cent  which  all  taxes  raised  ic 
said  year  in  said  city  for  school  purpo-es  bear  to  the  assessed 
value  of  all  the  property  tax  for  school  purposes  within  such 
city  for  that  year,  a.nd  on  or  before  the  25th  day  of  November 
in  such  year  in  writing  to  notify  the  town  clerk  or  clerks  of 
the  town  or  towns  in  which  such  attached  or  connected  terri- 
tory is,  situated  of  such  per  cent  or  rate  of  taxation  in  such 
city  for  school  purposes,  and  it  shall  thereupon  be  the  duty  of 
said  town  clerk  or  clerks  and  each  thereof  immediately  to  carry 
out  on  the  lax  rolls  of  such  town  or  towns  respectively  for  such 
year  a  tax  for  M-hool  purposes  of  the  same  per  cent  on  all  tax- 
able property  within  that  portion  of  their  respective  towns  so 
attached  to  such  city  for  school  purposes  and  such  tax  so  carried 
out  on  such  tax  rolls  is  hereby  declared  duly  levied  and  a  lien 
on  such  taxable  property  until  paid  the  same  as  other  taxes  as 
provided  by  law. 

8.  It  shall  be  the  duty  of  the  treasurer  of  such  town  or  each 
such  town  to  collect  said  tax  in  the  same  manner  as  other  taxes, 
and  the  said  treasurer  or  treasurers  respectively  shall  pay  over 
in  each  year  in  full  the  amount  of  taxes  so  carried  out  on  said 
rolls  and  assessed  on  said  property  in  their  towns  respectively 
for  the  purposes  of  schools  in  such  city  to  the  treasurer  of  such 
city,  in  the  same  order  and  as  they  are  now  required  by  law  to 
pay  moneys  raised  for  common  school  purposes,  and  return 
taxes  collected  for  any  school  district  whether  such  town  treas- 
urer has  collected  such  tax  or  not. 

4.  If  the  taxes  hereby  provided  for  shall  not  be  collected  by 
said  treasurer  they  shall  be  returned  with  and  as  delinquent 


86   GENERAL  CHARTER  LAW  OF  WISCONSIN. 

taxes  and  their  collection  enforced  in  the  manner  now  provided 
by  law  for  collecting'  delinquent  taxes. 

Chapter  XV. — Finances  and  Expenditures. 

925 — 120.      (Ch.  349,  J907.) 

City,  fiscal  year.  SECTION-  !)25 — 120.  The  fiscal  year  shall 
commence  on  the  first  day  <f  Junit'uij  in  each  year  and  cioM1 
on  the  thirty-first  day  of  Dccctnix  r  next  succeeding. 

925 — 121. 

Funds,  how  drawn  upon.  SECTION  1)25 — 121.  All  funds 
in  the  city  treasury,  except  school  funds,  funds  created  ond 
set  apart  for  the  payment  of  interest  and  principal  of  the  debt 
of  the  city  and  funds  collected  on  special  assessments,  shall  be 
under  the  control  of  the  council  and  be  drawn  out  upon  the  or- 
der of  the  mayor  and  clerk,  duly  countersigned  by  the  comp- 
troller, if  there  be  one,  \vheii  authorized  by  a.  vote  of  the  coun- 
cil. All  orders  drawn  upon  the  treasurer  shall  specify  the 
purposes  for  which  they  are  drawn,  and  be  payable  out  of  any 
funds  in  the  treasury  not  otherwise  appropriated,  and  shall  be 
payable  to  the  persons  in  whose  favor  they  aiv  drawn,  and  may 
be  transferred  by  indorsement. 

925— 121a.     (Ch.  493,  1907.) 

Cities  first  class :  claims ;  settlement.  SECTION  925 — 121a. 
Whenever  a  claim  against  a  city  of  the  first  class  shall  be  settled 
by  the  common  council,  the  reason  for  such  action  must  be  stated 
in  writing  and  signed  by  the  committee  and  entered  upon  the 
minutes  of  the  proceedings  of  the  common  council.  Whenever 
such  settlement  is  made  upon  the  recommendation  of  the  city  at- 
torney or  his  assistant,  or  other  legal  officer;  the  reason  therefor 
must  be  stated  in  writing,  signed  and  filed  with  the  city  clerk, 
and  published  with  the  proceedings  of  the  common  council. 

925 — 122. 

Special  funds,  SECTION  925 — 122.  The  city  treasurer  shall 
not  pay_cut  the  funds  in  his  hands  which  shall.be  appropriated 
by  law  for  any  special  purpose  except  for  the  purpose  for  which 
such  funds  are  appropriated,  any  direction  of  the  council  to  the 
contrary  notwithstanding. 

925 — 123. 

Debts,  how  contracted.  SECTION  925 — 123.  No  debt  shall 
be  contracted  against  the  city  or  certificate  of  indebtedness 
•drawn  upon  the  city  treasurer  unless  the  same  shall  have  been 


(rKXERAL   CHARTER   LAW  OF  WISCONSIN,        87 

authorized  by  a,  vote  of  a  majority  of  all  the  *  members  of  the 
council,  and  no  money  shall  be  appropriated  for  any  purpose 
whatever  except  such  as  is  expressly  authorized  by  this  chapter 
or  other  provisions  of  these  statutes. 

925 — 124. 

City  orders.  SECTION  925 — 124.  The  council  shall  not  au- 
thorize the  issue  of  orders  upon  the  treasurer  unless  the  money 
to  pay  the  same  is  in  his  hands  to  the  credit  of  the  fund  upon 
which  the  orders  are  drawn. 

925 — 125. 

Treasurer's  statement.  SECTION  925 — 125.  The  treasurer 
shall,  on  the  first  day  of  each  month,  deliver  to  the  city  clerk  a 
statement  showing  the  condition  of  the  treasury  at  the  close  of 
the  preceding  month  and  a  statement  of  all  disbursements  since 
the  last  report.  The  comptroller  shall  examine  said  report  and 
the  vouchers  for  the  disbursements  referred  tr,  and  attach  thereto 
a  report  of  his  examination  thereof,  and  the  city  clerk  shall  place 
the  same  before  the  council  for  consideration  at  its  next  meeting. 
When  said  report  shall  have  been  approved  the  clerk  shall  pre- 
serve the  same,  with  the  vouchers  referred  to  therein,  in  his  office. 

925 — 126. 

Borrowing  money.  SECTION  925 — 126.  The  council  may 
borrow  money  to  pay  the  ordinary  expenses  of  the  city,  not  ex- 
ceeding twenty  per  cent,  of  the  tax  levy  for  the  same  purposes 
the  preceding  year.  Certificates  of  indebtedness  may  be  issued 
therefor,  signed  by  the  mayor  and  clerk,  bearing  interest  not 
exceeding  the  legal  rate  per  annum  and  payable  not  later  than 
the  first  day  of  March  after  the  same  are  issued;  provided,  that 
no  such  loan  shall  be  made  unless  authorized  by  a  vote  of  at  least 
three- fourths  of  all  members  of  the  council  at  a  regular  meet- 
ing thereof. 

925 — 127. 

Deposit  of  funds.  SECTION  925 — 127.  The  council  may 
designate  by  resolution  the  bank  or  banks  where  the  money  be- 
longing to  the  city  shall  be  deposited,  and  the  security,  to  be  ap- 
proved by  the  mayor  and  comptroller,  to  be  given  by  such  bank 
or  banks,  and  when  the  money  is  so  deposited  the  treasurer  and 
his  bondsmen  shall  not  be  liable  for  the  loss  thereof  by  reason 
of  the  failure  of  such  bank  or  banks,  and  the  interest  arising 
therefrom  shall  be  paid  into  the  treasury;  provided,  such  money 
shall  not  be  deposited  in  any  bank  without  this  state. 


88        GENERAL   CHARTER   LAW   OF  WISCONSIN; 

925 — 128. 

Interest.  SECTION  925 — 128.  The  council  may  contract  with 
a  bank  receiving  the  city  deposits  for  the  payment  of  interest 
thereon. 

925 — 129. 

Deposits,  how  drawn  upon.  SECTION  925 — 129.  The  coun 
cil  may  so  provide  that  all  moneys  in  the  hands  of  the  treasurer 
at  the  end  of  each  month,  not  exceeding  a  sum  to  be  specified, 
shall  be  deposited  in  the  bank  or  banks  selected  for  that  pur-pose 
in  a  special  account,  and  no  money  shall  be  drawn  from  said 
account  except  on  a  check  or  order  signed  by  the  treasurer  anH 
countersigned  by  the  comptroller.  Whenever  the  balance  in  the 
general  account  falls  below  such  specified  sum  the  comptroller 
may  countersign  a  check  for  a  sufficient  amount  to  increase  the 
balance  in  such  account  to  such  specified  sum.  No  change  in  this 
regard  shall  be  made  in  any  year,  after  the  treasurer  shall  have 
filed  his  bond,  which  will  increase  the  liability  of  the  bondsmen; 
provided,  that  the  city  treasurer  of  all  cities  of  the  first  class  may 
keep  on  hand  in  the  treasury,  in  addition  to  the  amount  deposited: 
in  banks,  ten  thousand  dollars,  and  said  amounts  may  be  main- 
tained by  the  treasurer  and  comptroller  by  the  issuance  of  checks 
upon  any  bank  depository  of  said  city. 

925 — 130. 

Temporary  loans.  SECTION  925 — 130.  All  temporary  loans 
shall  be  paid  out  of  the  taxes  levied  for  the  ensuing  year  un- 
less sooner  provided  for. 

925 — 131. 

Loans,  how  authorized;  purposes.  SECTION  925 — 131.  In 
cities  of  the  first  class  the  council  may,  by  resolution  adopted 
by  a  vote,  in  favor  of  the  same  at  a  regular  meeting,  of  three- 
fourths  of  all  its  members  borrow  money  to  such  amount  as  in 
its  opinion  the  safety  or  interest  of  the  city  may  require  and 
may  issue  certificates  of  indebtedness  therefor  in  the  manner 
herein  specified ;  provided,  that  no  money  shall  be  borrowed  or 
paid  out  except  for  strictly  municipal  purposes. 

925 — 132. 

License  moneys — Purchase  of  bonds.  SECTION  925 — 132. 
All  moneys  received  for  licenses  of  all  kinds  shall  be  paid  into 
the  treasury,  and  may  be  used  in  paying  the  bonded  indebtedness 
of  the  city  or  otherwise  as  the  council  shall  direct.  If  any  bonds 


GENERAL   CHARTER   LAW   OF  WISCONSIN.        89 

arc  due  ;uul  there  is  money  available  to  pay  the  same  the  treas- 
urer shall  call  in  such  bonds  in  their  order.  If  no  bonds  are  then 
due  the  treasurer  may  advertise  for  proposals  to  sell  bonds  to 
tlie  city  in  such  manner  as  the  council  may  direct,  and  shall 
take  up  the  lowest  offers  sufficient  to  exhaust  the  money  available 
for  such  purpose. 

925 — 133.      (Ch.  235,  1907.) 

Bonds:  issuing;  purposes;  popular  vote.  SECTION  925— 
133.  The  council  shall  have  authority  to  issue  bonds  for  the 
following  purposes  only: 

1.  Building-  school-houses  and  for  public  libraries. 

2.  Building  bridges. 

3.  Erecting  public  buildings  for  the  use  of  the  city. 

4.  Purchase  of  apparatus  for  fire  protection. 

5.  Street  improvements  which  are  to  be  paid  for  by  the  city. 

6.  Waterworks,  sewers  and  drains,  lighting  works  for  streets, 
public  buildings  and  hospitals  and  in  cities  of  other  than  the 
first  class  iY.-r  the  construction  and  operation  of  lighting  works- 
to  supply  the  city  and  its  inhabitants  with  electric  or  other  light 

7.  For  the  purchase  or  establishment  of  public  parks,  public 
drives,   boulevards,   cemeteries,   garbage   grounds,   public  hospi- 
tals and  purchasing  sites  for  public  buildings  and  for  a  city 
market  place. 

8.  Purchase  of  toll  bridges  and  approaches,  and  for  the  pur- 
chase of  a  site  for  and  the  construction,  maintenance  or  acquir- 
ing of  public  docks,  wharves  and  the  approaches  thereto,  and 
for  dredging,  docking,  river  and  other  harbor  improvements. 

9.  Such  other  purposes  as  are  authorized  by  these  statutes. 
No  such  bonds  shall  be  issued  Unless  authorized  by  an  ordinance 
adopted  by  a  vote  in  favor  of  the  same  of  at  least  three-fourths 
of  all  the  members  of  the  common  council  elect,  said  vote  to  be 
at  a  regular  meeting,  not  less  than  one  week  after  the  proposed 
ordinance  shall  have  been  published  in  the  official  paper  of  the 
city.     In  case  of  bonds  issued  for  street  improvements,  school 
purposes,  water  works,  lighting  works  for  streets  and  public 
buildings,  hospitals,  dredging,  docking,  river  and  other  harbor 
improvements,   sewrerage,  parks  and  public  grounds,   a  vote  of 
the  people  of  the  city  shall  not  be  required  unless  within  thirty 
days  after  the  passage  by  the  common  council  of  the  city  of 
the  ordinance   authorizing  the  issuing  of  the  bonds   for  such, 
purposes  there  shall  be  filed  in  the  office  of  the  city  clerk  a  peti- 
tion in  writing  signed  by  not  less  than  ten  per  cent,  in  number 
of  the  voters  who  voted  in  said  city  at  the  last  general  state 


90        GENERAL   CHARTER   LAW   OF    WISCONSIN'. 

election,  asking  for  submission  of  the  question  of  issuing  such, 
bonds  to  a  vote  of  the  people,  in  which  case  such  question  shall 
be  submitted  as  provided  in  section  943;  provided,  that  110 
such  bond  shall  be  issued  so  that  the  amount  thereof,  together 
with  all  other  indebtedness  of  the  city,  shall  exceed  five  per 
cent  of  the  assessed  valuation  of  the  property  therein  at  the 
last  assessment  for  the  state  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness;  that  all  such  bonds  issued 
shall  be  payable  at  the  option  of  the  city  in  annual  install- 
ments, the  last  installment  being  pavable  not  mere  than 
twenty  years  after  their  date,  and  shall  bear  interest  not  ex- 
ceeding MX  per  cent,  per  annum  payable  semi-annually,  and 
that  the  council  shall  have  provided  for  the  collection  of  a 
-direct  annual  tax  sufficient  to  pay  the  interest  thereon  as  it 
fall?,  due  and  to  pay  and  discharge  the  principal  thereof  with- 
in twenty  years  from  the  date  of  the  issue  of  such  bonds.  The 
council  may  also  issue  negotiable  bonds  constituting  a  general 
city  liability  tor  the  refunding  of  other  bonds  or  for  the  fund- 
ing of  general  city  indebtedness  or  liability  in  the  following 
cases: 

a.  For    the    refunding   of   valid   general   city   bonds    hereto- 
fore issued  or  issued  by  a  village  or  other  municipality  to  whose 
property,  rights  and  liabilities  the  city  has  succeeded. 

b.  .For  the  funding  of  general  city  liability  existing  by  reason 
of  the  fact  that  the  city  has  received  and  has  had  the  use  and 
benefit  of  moneys  raised  by  the  issue  or  sale  of  bonds  purporting 
to  be  a  general  city  liability,  but  which  are  technically  invalid 
for  the  failure  to  levy  a.  tax  as  required  by  sectie-n  3  of  article  ]  1, 
of  the  constitution.  <:r  ai  r  not  in  lawful  form,  or  where  there  was 
some  defect  in  holding  'an  election,  or  in  some  of  th'3  proceedings 
upon  which  the  bonds  were  based.     This  subdivision  shall  apply 
only  to  cases  in  which  the  moneys  were  applied  to  general  city 
purposes,  and  ought  justly  to  be  repaid  by  the  city,  where  there 
is  an  actual  existing  liability  for  such  repayment,  and  where 
such  liability  did  not  at  the  time  the  money  was  so  received  ex- 
ceed the  five  per  cent,  limit  of  the  constitution. 

c.  For  the  funding  of  general  city  liability  arising  from  the 
fact  that  the  city  has  issued  special  street,  sewer,  harbor,  hospi- 
tal,   dredging,    docking,    river    and    other    improvement   bonds, 
which  do  not  constitute  a  general  eky  liability,  bu1:  where  the 
city  has  collected  assessments   levied  for  the  payment  of  the 
bonds  and  the  same  have  been  lost  or  diverted  to  other  pur- 
poses, such  bonds  not  to  exceed  the  amount  so  collected  with 
interest.     Provided,    however,    that    such    collection    and    diver- 
sion constitute  a  general  city  liability. 


GENERAL   CHARTER   LAW   OF   WJSCOXSIX.        91 

d.  For  the  funding-  of  street,  ."ewer,  harbor,  hospital,  dredg- 
;nu.  docking,  river  and  other  improvement  bonds  which  for  any 
reason  constitute  a  general  city  liability  not  exceeding  the  con- 
stitutional debt  limit. 

e.  For    the    funding   of   judgments   against    the    city,    which 
cannot  in  the  judgment  of  the  council  be  paid  by  current  taxa- 
tion.    Such   funding  or  refunding  bonds  may  run  not  exceed- 
ing twenty  years  from  the  time  of  their  issue  and  may  be  negoti- 
able coupon  bonds  payable  to  bearer  at  a  rate  of  interest  not 
exceeding  that  of  the  debt  funded  or  refunded.       Such  bonds 
may  be  sold  at  not  less  than  par  and  accrued  interest  and  the 
proceeds  used  to  pay  the  liability  for  which  they  were  issued, 
or  in.  v  be  exchanged  for  the  evidence  of  liability  -replaced  by 
them.     Xo  such  bonds-  shall  be  issued  unless  authorized  by  an 
ordinance  adopted  by  a,  vi/te  in  favor  of  the  same  by  at  least 
three-fourths  of  all  the  members  of  the  common  council  elect, 
said   vote  to  be   at  a,  regular  meeting  not    less  than   one  week 
.after  the  proposed  ordinance  shall  have  been  published  in  the 
official  paper  of  the  city.     All  such  bonds  issued  shall  be  pay- 
able at  the  option  of  the  city  in  annual  installments,  the  last 
installment    being   payable  not   more   than   twenty   years   after 
their  issue.     Before   or  at  the  time   of  issuing  said  bonds  the 
council  shall  provide  for  the  collection  of  a  direct  annual  tax 
sufficient  to  pay  the  interest  thereon  as  it  falls  due  and  to  pay 
and  discharge  the  principal  thereof  within  twenty  years  from 
the  time  of  the  issue  of  such  bonds.     Said  funding  or  refunding 
bonds  need  not  be  authorized  by  a  vote  of  the  people,  and  shall 
be  signed  by   the  mayor,   countersigned  by  the  city  clerk  and 
sealed  with  the  corporate   seal.     Said  officers  before   executing 
said    bonds   shall  ascerta'n   that   they   do  not   exceed  the   limit 
pi «'-"•!  ibed   by   the   constitution   of  the  state   of  Wisconsin  and 
that  all    provisions  required  by   the   constitution  and  laws  of 
Wisconsin    have    been    duly    complied   with.     Refunding   bonds 
whoH>   issuance,   by  ordinance  heretofore  adopted  has  been   di- 
rected to  be  made  in  the  manner  provided  by  section  925 — 133 
of  the  statutes,  shall  be  issued,  and  further  proceedings  in  re- 
gard thereto  shall  b;>  taken,  in  accordance  with  the  provisions 
of  this   act. 

925 — 134. 

Claims,  etc.,  to  be  verified.  SECTION  925 — 134.  All  claims 
and  demands  against  the  city  shall  be  itemized,  verified  by  the 
oath  of  the  claimant  or  si  me  one  in  his  behalf,  and  filed  with 
the  clerk,  who  shall  deliver  the  saine  to  the  comptroller  for  ex- 


92        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

ami  nation,  who  shall  within  thirty  days  thereafter  examine  such: 
claim  or  demand  and  return  the  same  to  the  clerk  with  his  re- 
]><:rt  thereon  in  wiitint/,  \\  h  ,  sha'l  place  the  same  l)eforc  the 
council  for  action  at  its  next  meeting.  When  the  .council  shall 
have  taken  final  action  any  person  aggrieved  may  appeal  from 
such  action  in  the  manner  provided  in  this  chapter. 

925 — 135. 

Payment  of  employees.  SECTION  925 — 135.  The  council 
may  provide  for  the  payment  of  persons  employed  by  the  board 
of  public  works  on  monthly  pay  rolls  and  shall  prescribe  the  form 
of  the  same;  provided,  that- said  pay  rolls  shall  be  verified  by 
said  board,  be  examined  and  countersigned  by  the  comptroller 
and  pa-sed  upon  by  the  council  the  same  as  other  claims. 


Chapter  XVI. — Assessment  and  Collection  of  Taxes. 

925 — 136.     (Ch.  211,  1899.) 

Property  to  be  taxed.  SECTION  1)25 — ]:}(').  All  property 
in  the  city  subject  to  taxati<  n  under  these  statutes,  shall  be 
subject  to  taxation  for  all  purples  authorized  by  this  chapter; 
but  the  common  council  of  any.  city  may  provide  by  ordinance 
for  the  levy  and  collection  of  a.  poll  tax  of  one  dollar  and  fifty 
cents  e-ich,  a^es-ed  upon  the  electors  of  such  city,  with  such 
exemptions  as  provided  in  sub-division  1  of  chapter  1240  of  the 
Wisconsin  statutes  of  1898 ;  and  the  same  proceedings  may  Be 
had  for  the  enforcement  of  such  ordinance  and  of  judgments 
tendered  for  the  violation  thereof,  as  in  actions  for  the  violation 
of  other  city  ordinances. 

925 — 137. 

Duties  of  assessors.  SECTION  925 — 137.  The  assessor  or 
assessors  elected  or  appointed  under  this  chapter  shall,  within 
the  time  and  in  the  manner  prescribed  by  law  for  making  tEe 
a  ^  eminent  of  property  for  taxation  under  these  statutes  make 
an  accurate  assessment  of  all  property  in  the  city  subject  to 
taxation ;  provided,  that  in  cities  of  the  first  class  the  tax  com- 
missioner shall  perform  such  duties  in  relation  to  the  assess- 
ment of  property  for  taxation  as  may  be  prescribed  by  the 
council;  and  provided  further,  that  the  assessment  roll  for  the 
entire  city  or  the  roll  for  each  ward  of  the  city  shall  be  made 
as  the  council  may  direct. 


GENERAL   CHARTER   LAW   OF   WISCONSIN.        93 

925 — 138. 

Return  and  examination  of  rolls.  SECTION  925—138. 
When  the  assessment  roll  or  rolls  shall  have  been  completed  in 
cities  of  the  first  class  the  same  shall  be  delivered  to  the  tax 
commissioner,  and  in  all  other  cities  to  the  city  clerk,  who  shall 
thereupon  give  notice  by  publication  in  the  official  paper  of  the 
city  for  ten  -days  that  on  a  certain  day  or  days  therein  named 
said  assessment  roll  or  rolls  will  be  open  for  examination  by 
the  taxable  inhabitants,  which  said  notice  may  assign  a  day  or 
days  certain  for  each  ward,  where  there  are  separate  assess- 
ment rolls  for  such  wards,  for  the  inspection  of  such  rolls.  On 
such  examination  the  tax  commissioner,  assessor  or  assessors  may 
make  such  changes  as  may  be  necessary  to  perfect  the  assessment 
roll  or  rolls  and  after  the  corrections  are  made  the  said  roll  or 
rolls  shall  be  submitted  by  the  tax  commissioner  or  city  clerk  to 
the  board  of  review. 

925 — 139.      (Ch.   371,  1907.) 

Board  of  review:  members.  SECTION  925 — 139.  1.  In 
cities  of  the  first  class,  the  mayor,  clerk,  tax  commissioner  and 
assessor  or  assessors  shall  constitute  a  board  of  review,  and  in 
all  other  cities  the  mayor,  city  clerk  and  such  officer  or  officers, 
other  than  assessors,  as  the  common  council  shall,  by  ordinance, 
determine  shall  constitute  a  board  of  review. 

Salaries.  2.  In  all  cities  except  those  of  the  first  class  the 
common  council,  shall,  by  ordinance,  fix  the  salaries  of  the  mem- 
bers of  the  board  of  review. 

925 — 140. 

Meeting  of.  SECTION  925 — 140.  The  board  of  review  shall 
meet  on  the  first  Monday  of  July  of  each  year  and  proceed  as 
prescribed  by  these  statutes. 

925 — 141. 

Delivery  of  rolls.  SECTION  925 — 141.  When  the  roll  or 
rolls  shall  have  been  examined  and  completed  by  the  board  of 
review  the  assessor  or  assessors  shall  deliver  the  same,  as  com- 
pleted and  verified  as  required  by  these  statutes,  together  with 
all  statements  of  valuations,  to  the  city  clerk,  who  shall  preserve 
the  same  in  his  office. 

925 — 142.      (Ch.  186,  1899.) 

Estimates  of  expenses.  SECTION  925 — 142.  On  or  before 
the  first  day  of  October  in  each  year  the  board  of  public  works, 


94        GENERAL   CHARTER   LAW   OF   WISCONSIN. 

if  there  be  one,  shall  file  with  the  city  clerk  a  detailed  state- 
ment of  the  amount  of  money  that  will  be  required  for  the  ensuing 
fiscal  year  in  such  department,  and  the  city  comptroller  or  the 
officer  performing  his  duties  shall  likewise  file  a  statement  of 
the  amount  required  by  the  police  and  fire  departments,  the 
general  and  library  fund,  and  for  the  purpose  of  paying  inter- 
est for  the  ensuing  year  on  the  public  debt  and  five  per  cenfT. 
of  the  principal  thereof.  The  city  clerk  shall  place  such  esti- 
mates before  the  council  at  its  next  regular  meeting,  and  the 
council  shall  thereupon  by  resolution,  levy  such  sunis  of  money 
as  may  be  sufficient  for  the  several  purposes  for  which  taxes 
are  authorized  not  exceeding  the  amount  provided  by  section. 
925 — 142a.  And  in  making  such  levy  they  shall  take  into  con- 
sideration the  estimated  amount  that  will  be  received  by  the 
city  during  the  fiscal  year  from  licenses  or  from  any  other 
source. 

925 — 142a.      (Ch.  262,  1899.) 

City  levy;  limitation.  SECTION  925 — 142a.  The  common 
council  shall  have  the  power  to  levy  annually  such  sum  or  sums. 
of  money  as  may  be  sufficient  for  the  several  purposes  for  which 
taxes  are  authorized  to  be  levied  and  to  apportion  the  same  into 
such  funds  for  city  or  ward  purposes  as  they  may  provide  by 
ordinance  or  resolution;  provided,  a  tax  levied  for  any  one  year 
for  municipal  purposes,  together  with  the  tax  required  to  be 
levied  for  state,  county,  county  school  and  school  district  pur- 
poses, -and  for  delinquent  taxes  for  the  preceding  year,  shall 
not  exceed  three  and  one-half-  p;T  cent.  of.  the  assessed  value 
of  the  real  and  personal  property  in  the  city  in  that  year.*' 

925 — 143.     (Ch.  196,  1901.) 
Tax    roll    and    warrant;    apportionment — School    tax. 

SECTION  925 — 143.  It  shall  be  the  duty  of  the  city  clerk  to 
make  out  a  complete  tax  roll  in  the  manner  and  form  provided 
by  law,  and  as  soon  as  practicable  after  the  levy  shall  have  been 
made  by  the  council  as  prescribed  in  the  preceding  section,  and 
the  certificate  of  the  c:  unty  clerk  showing  the  amount  of  state 
and  county  taxes  apportioned  to  the  city  shall  have  been  re- 
ceived, to  cause  the  same  to  be  extended  upon  such  tax  roll  upon 
a  uniform  percentage  by  setting  opposite  the  description  of 
each  lot,  tract  or  parcel  of  land,  and  to  the  name  of  each  per- 
Kc.n  named  in  said  roll,  in  proper  column-',  such  proportionate 


*School  Tax  Levy.  SECTIOX  1,  ch.  81,  laws  of  1899.  All  cities  of  the 
third  and  fourth  class  operating  under  a  special  or  general  charter  are 
hereby  authorized  to  levy  annually  a  special  tax  for  school  purpO'Ses 
not  exceeding  one  mill  on  the  'dollar  of  the  assessed  valuation  of  all 
the  real  and  personal  property  in  said  city  for  that  year  in  addition 
to  the  total  tax  now  authorized  to  be  levied  by  such  cities. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.   95 

(,f  the  sums  of  taxes  so  levied  as  may  be  chargeable  upon 
such  let,  tract  or  parcel  of  land  or  against  such  person,  and 
also  enter  and  extend  upon  such  tax  roll  all  special  assessments 
required  to  be  entered  thereon.  To  such  tax  roll  shall  be  ap- 
pended a  warrant  signed  by  the  mayor  and  clerk,  substantially 
in  the  following  form:  To  -  — ,  city  treasurer  of 

the  city  of  -  — :     You  are  hereby  required  to  collect 

from  each  of  the  persons  and  corporations  named  in  the  an- 
nexed tax  roll,  and  from  the  owners  or  occupants  named  of 
the  real  estate  described  therein,  the  taxes  set  down  in  such 
roll,  opposite  to  their  respective1  names  and  to  the  several  par- 
eels  of  land  therein  described;  and  in  case  any  person  or  cor- 
poration upon  whom  any  such  sum  or  tax  is  imposed  shall  re- 
fuse or  neglect  to  pay  the  same,  you  are  to  levy  and  collect  the 
same  by  distress  and  sale  of  the  goods  and  chattels  of  the  per- 
son or1  corporation  so  taxed,  and  out  of  the  moneys  so  to  be 
collected,  after  deducting  your  fees,  you  are  first  to  pay  to  the 
treasurer  of  said  county,  on  or  before  the  second  Monday  of 
February  next,  the  sum  <  i :  -  -  for  state  taxes,  you 

are  to  retain  and  pay  out  as  city  treasurer  according  to  law  the 
sum  of  -  — ,  and  the  balance  of  said  moneys  you  are 

required  to  pay  to  said  treasurer  for  county  purposes  on  or  be- 
fore the  fifteenth  day  cf  March  next ;  by  which  day  you  are 
further  required  to  make  return  to  said  treasurer  of  this  war- 
rant with  said  roll  annexed,  together  with  your  doings  thereon 

as  required  by  law.     Dated  the  -       — •  day  of  -  -, 

19 — .  — ,    Mayor.      —  > —  — ,    Clerk.     And   in 

cities  where  the  school  district  system  is  in  force  the  city  clerk 
shall,  upon  the  receipt  by  him  of  the  statement  or  statements 
of  the  amount  of  school  tax  apportioned  to  the  part  of  the  dis- 
trict or  -districts  respectively  within  such  city,  extend  the  same 
upon  the  tax  roll  and  apportion  the  same  as  required  by  law. 
And  in  such  cities  the  warrant  for  the  collection  of  taxes  shall* 
in  addition  to  the  other  aforesaid  directions,  therein  require  the 
city  treasurer  to  pay  out  according  to  law,  from  the  money  so 
collected  by  him,  to  the  person  or  persons  lawfully  entitled 
thereto  the  amount  of  the  district  school  tax  collected  by  him 
thereunder. 

925 — 144. 
Evidence,  roll  and  warrant  as.     SECTION  925 — 144.     The 

tax  roll  and  warrant  thereto  attached  shall  be  prima  facie  evi- 
dence in  all  courts  that  the  property  therein  described  and  per- 
sons therein  named  were  subject  to  taxation  and  to  the  special 


96        GENERAL   CHARTER   LAW  OF   WISCONSIN. 

assessments  therein  entered,  and  that  the  assessment  was  just 
and  equal,  and  the  same  shall  be  delivered  ta  the  city  treasurer 
on  or  before  the  fifteenth  day  of  December  in  each  year. 

925 — 145. 

Taxes,  cancellation  of.  SECTION  925 — 145.  After  the  tax 
roll  shall  have  been  thus  delivered  to  the  treasurer  it  shall  not 
be  lawful  for  the  council  to  remit,  annul  or  cancel  any  tax  spec- 
ified therein  except  in  the  following  cases: 

1.  When  a  clerical  error  has  been  made  in  the  description  of 
the  property  or  in  the  extension  of  the  tax. 

2.  When   improvements  on  lots  were  considered   in  making 
the  assessment  roll,  where  the  improvements  did  not  exist  at  the 
time  fixed  by  law  for  making  the  assessment. 

3.  When  the  property  is  exempt  by  law  from  taxation. 

4.  When  a  person  has  been  assessed  the  same  year  for  the 
same  property  in  more  than  one  ward  or  place. 

925 — 146. 

Assessments,  how  carried  out.  SECTION  925 — 146.  All 
special  assessments  shall  be  carried  out  on  the  tax  roll  in  a  sep- 
arate column  or  columns  opposite  the  lots  or  tracts  upon  which 
the  same  may  be  a  lien,  and  the  treasurer  shall  have  the  same 
authority  with  reference  thereto  as  if  the  amount  of  such  lien 
was  a  general  tax. 

925 — 147.     (Ch.   195,  1901.) 

Treasurer's  notice.  SECTION  925 — 147.  On  the  receipt  of 
such  tax  roll  the  treasurer  shall  give  one  week's  notice  thereof  in 
the  official  paper;  such  notice  shall  specify  that  the  taxes  must 
be  paid  on  or  before  the  thirty-first  day  of  January  following. 

925 — 148. 

Collection  of  taxes.  SECTION  925 — 148.  On  the  expiration 
of  the  time  specified  the  treasurer  shall  proceed  to  enforce  the 
collection  of  such  taxes  in  the  manner  provided  by  law;  pro- 
vided, that  in  cities  -of  the  first  class  he  shall  issue  his  warrant, 
directed  to  the  chief  of  police  of  the  city,  requiring  him,  within 
a  time  specified  therein,  to  collect  such  taxes  on  personal  prop- 
erty as  shall  then  remain  unpaid,  and  the  chief  of  police  re- 
ceiving such  warrant  shall  possess  all  the  powers  given  by  law 
to  town  treasurers  for  the  collection  of  such  taxes,  and  be  sub- 
ject to  the  liabilities  and  entitled  to  the  same  fees  as  town  treas- 
urers in  such  cases. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.       97 

• 

925 — 149. 

Bond  of  chief  of  police.  SECTION  925 — 149.  Before  the 
treasurer  shall  sign  his  warrant  to  the  chief  of  police  such  chief 
of  police  shall  give  a  bond  to  the  city,  in  such  sum  and  with 
such  sureties  as  the  council  may  prescribe,  for  the  payment  to 
I  he  city  treasurer  .<  f  all  taxes  by  him  collected  or  received  by 
virtue  of  such  warrant. 

925 — 150. 

Return  of  tax  warrant.  SECTION  925 — 150.  Within  the 
tiire  required  by  these  statutes  in  the  case  of  town  treasurers 
for  the  return  to  the  county  treasurers  of  the  delinquent  taxes 
on  person:}]  and  real  property,  the  said  chief  of  police,  in  cities 
of  tlie  first  class,  shall  return  his  warrant  for  the  collection  of 
taxes  of  personal  property  to  the  treasurer. 

925 — 151. 

Apportionment  of  taxes ;  delinquent  returns.  SECTION 
925 — 151.  Out  of  the  taxes  collected  the  treasurer  shall  first 
pay  the  state  tax  to  the  county  Jreasurer,  and  shall  then  set  aside 
all  sums  of  money  levied  for  school  taxes,  then  moneys  levied  for 
the  payment  of  judgments,  then  all  sums  raised  as  special  taxes 
in  the  order  in  which  they,  are  levied,  then  taxes  for  the  pay- 
ment of  principal  and  interest  on  the  public  debt,  then  taxes  for 
bridge  purposes,  then  for  fire  purposes,  then  for  streets  and 
other  public  improvements,  and  lastly  county  taxes.  Delinquent 
returns  shall  be  made  to  the  county  treasurer  in  all  respects  as 
required  by  these  statutes,  and  thereafter  such  proceedings  shall 
be  had  with  reference  to  the  delinquent  taxes  so  returned  as  are 
provided  for  in  case  of  delinquent  returns  from  towns. 

925 — 152.      (Ch.  194,  1901.) 

Treasurer's  fees.  SECTION  925 — 152.  The  city  treasurer 
shall  he  entitled  to  receive  and  collect  as  fees  for  the  collection 
of  taxes  O'ne  per  cent,  upon  all  sums  collected  prior  to  or  on  the 
thirty-first  day  of  January,  and  three  per  cent.  up>n  all  sums 
collected  by  him  thereafter;  and  in  case  of  a  distress  and  sale 
made  by  him  of  goods  or  chattels  for  the  payment  of  any  taxes 
lie  shall  reseive  such  fees  as  are  allowed  to  constables  for  simi- 
lar service.  The  city  treasurer  shall  keep  in  a  book  to  be  pro- 
vided for  that  purpose  true  accounts  of  all  fees  by  him  received 
as  treasurer  from  any  source,  and  such  book  shall  be  open  for 
inspection  at  all  reasonable  times,  and  he  shall  have  O'li  file  and 
7 


98        GENERAL   CHARTER  LAW  OP   WISCONSIN. 

make  return  to 'the  council,  duly  certified  on  oath,  an  itemized 
statement  of  all  fees  or  other  moneys  received  and  paid  out  'by 
him  as  treasurer;  he  shall  receive  no  further  compensation  for 
his  services  as  treasurer  than  is  hereinbefore  specified;  provided, 
thai  in  cities  where  the  Imisurer  receives  a  salary  the  fees  col- 
lected shall  belong  to  and  be  paid  into  the  treasury. 

925 — 153. 

Provisions  directory.  SECTION  925 — 153.  The  di  reel  ions 
herein  given  for  the  assessing  of  lands  and  personal  property 
and  levying  and  collecting  taxes  shall  be  deemed  directory  only, 
and  no  error  or  informality  in  the  proceedings  of  any  of  the 
officers  intrusted  with  the  same,  not  affecting  the  substantial 
justice  of  the  tax,  shall  vitiate  or  in  anywise  affect  the  validity 
of  such  tax,  or  assessment. 


Chapter  XVII. — Eminent  Domain. 

925—154. 

For  what  purposes  power  exercised.  SECTION  925 — 154. 
All  cities  of  the  first  class  governed  by  this  chapter  shall  have 
the  power  to  condemn  lands  for  streets,  alleys,  public  grounds. 
parks,  cemeteries,  sites  for  school  and  other  public  buildings,  and 
lands  to  be  used  for  purposes  of  drainage  and  water  distribution 
and  other  public  municipal  purposes  not  here  enumerated  by 
the  following  proceedings. 

925 — 155. 

Petition  for  opening  streets.  SECTION  925—155.  As  to 
streets  it  shall  be  competent  for  any  ten  resident  freeholders 
in  any  ward  to  petition  the  council  for  the  opening,  widening, 
extension  or  change  of  any  street  in  such  ward,  and  if  the  land 
proposed  to  be  taken  for  that  purpose  shall  lie  in  two  or  more 
wards,  then  ten  resident  freeholders  of  each  of  the  wards  shall 
be  required  to  join  in  the  petition.  Such  petition  shall  be  ad- 
dressed to  the  common  council  and  shall  designate  in  general 
terms  the  location,  extent  of  the  proposed  laying  out,  widening, 
extension  or  change,  but  need  not  contain  a  particular  descrip- 
tion of  the  land  proposed  to  be  taken.  For  the  purposes  of 
such  petition  'a  person  in  possession  of  land  under  a  contract 
of  purchase  and  sale  or1  n  bond  for  a  deed  shall  be  deemed  ri. 
freeholder, 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     99 

925—156. 

Proceedings.  SECTION  925 — 1,16.  When  such  petition  shall 
be  presented  to  the  council  it  shall,  prior  to  the  adoption  of  any 
resolution  thereon,  be  referred  to  the  board  of  public  works,  and 
said  board  shall  make  a  report  to  the  council  stating  whether 
or  not  such  petition  is  sufficiently  signed,  and  if  so,  giving  a 
particular  description  of  each  lot,  parcel  or  subdivision  of  land 
proposed  to  be  taken  and  a  plat  of  the  proposed  s-treet,  widen- 
ing, extension  or  change.  Upon  the  coming  in  of  such  report 
the  council  may,  if  the  petition  be  reported  sufficiently  signed, 
by  a  vote  of  a  majority  of  its  members  adopt  <a  resolution  declar- 
ing that  it  is  necessary  to  condemn  the  land  designated  in  such 
petition  and  report,  referring  to  them,  for  the  purpose  named 
in  the  petition,  and  direct  the  city  attorney  to  commence  and 
prosecute  the  proper  proceedings  for  the  condemnation  and  ac- 
quisition of  said  land. 

925 — 157. 

Petition  as  to  alleys.  SECTION  925 — 157.  As  to  alleys,  a 
petition  for  the  opening,  widening,  extension  or  change  of  an 
alley  may  be  made  to  the  council  by  the  owner  or  owners  of 
one-third  or  more  of  the  land  in  the  block  in  which  the  alley 
or  proposed  alley  is  situated,  whether  such  owner  or  owners  shall 
be  residents  of  the  city  or  not.  Land  held  under  a,  land  con- 
tract or  bond  for  a  deed  shall,  for  the  purpose  of  such  petition, 
be  deemed  to  be  owned  by  the  person  so  holding  it;  infants  and 
others  under  guardianship  may  petition  by  their  guardians. 
Such  pet'ticn  shall,  before  any  resolution  upon  it  shall  be 
adopted,  be  referred  to  the  board  of  public  works,  who  shall 
thereupon  make  a  report  to  the  council  stating  whether  or  not 
it  is  sufficiently  signed,  and  if  so,  giving  a  particular  descrip- 
tion of  each  lot,  parcel  or  subdivision  of  land  proposed  to  be 
ta-ken  and  a,  nlat  of  the  proposed  alley  as  the  same  will  be  when 
laid  out,  w:dened,  extended  or  changed.  Upon  the  coming  in 
of  such,  report,  if  it  shall  appear  thereby  that  the  petition  is 
signed  by  the  owner  or  ow.ners  of  one-third  of  more  of  the  land 
in  the  block,  the  council  may  adopt  a  resolution  by  a  vote  of  a 
majority  of  its  members,  the  same  as  in  the  case  of  a  petition 
for  the  opening,  widening,  extension  or  change  of  a  street,  and 
like  proceedings  shall  be  had  thereon.  If  it  shall  afterwards 
appear,  either  in  the  case  of  a  street  or  an  allev,  that  such  peti- 
tion was  not  sufficiently  signed,  that  fact  shall  not,  in  the  al}- 
sence  of  fraud,  vitiate  the  petition  or  ths  subsequent  proceed* 
Ings  thereon, 


100     GENERAL   CHARTER  LAW  OF   WISCONSIN. 

925 — 158. 

Proceedings,  without  petition.  SECTION  925 — 158.  The 
council  may,  without  a  petition,  by  a  vote  of  four-fifths  of  its 
members,  adopt  a  resolution  declaring  it  to  be  necessary  to  con- 
demn 1<>  the  public  use  any  land  for  the  opening,  widening,  ex- 
tension or  changing  of  any  street  or  alley  and  directing  the  city 
attorney  to  commence  and  prosecute  the  proper  proceedings 
therefor;  and  in  the  case  of  the  opening  or  extension  of  public 
grounds,  or  acquiring  lands  as  a  site  for  a  school  or  other  public 
building,  or  lands  for  purposes  of  drainage  or  water  distribu- 
tion, or  the  taking  of  lands  for  any  public  municipal  purposes  not 
herein  enumerated,  the  council  may,  without  a  petition  therefor 
and  by  a  vote  of  a  majority  of  its  members,  adept  a  resolution 
declaring  it  to  be  necessary  to  condemn  land  for  such  purpose, 
describing  it  in  general  terms  only,  and  directing  the  city  at- 
torney to  commence  and  prosecute  the  proper  proceedings  there- 
for. Before  any  resolution  provided  for  in  this  section  shall  be 
adopted  it  shall  be  referred  to  the  board  of  public  works,  who 
shall  thereupon  make  a  particular  description  of  each  lot,  par- 
cel or  subdivision  of  land  proposed  to  be  taken  and  a  plat  of  the 
proposed  street  or  alley,  public  ground,  building  site,  drain  or 
water-pipe,  or  land  to  be  used  for  other  public  municipal  pur- 
poses and  report  the  same  to  the  council. 

925 — 159. 

Duty  of  city  attorney;  notice  to  land-owners.  SECTION 
925 — 159.  Whenever,  by  any  resolution  adopted  under  any  of 
the  preceding  sect  ions  of  this  sub-chapter,  it  shall  be  declared 
necessary  to  condemn  any  lands  and  the  city  attorney  [is]  di- 
rected to  commence  and  prosecute  proceedings  therefor,  it  shall 
be  his  duty  to  prepare  and  present,  as  scon  as  may  be,  a  petition 
to  the  circuit  court  of  the  county  in  which  the  land  proposed  to 
be  taken  or  some  of  it  shall  lie,  for  the  condemnation  of  the  land 
mentioned  in  the  resolution  for  the  purpose  therein  designated, 
and  to  prepare  and  file  with  said  petition  a  sworn  list  of  the 
names  and  residences,  so  far  as  they  are  known  to  him  or  can 
with  reasonable  diligence  be  ascertained  by  him,  of  persons  own- 
ing -or  being  interested  in  the  lands  proposed  to  be  taken,  and 
said  petition  shall  have  annexed  thereto  copies  of  the  original 
petition,  if  any,  the  resolution  of  the  council  and  the  report  o* 
the  board  of  public  works  as  to  the  proposed  condemnation. 
Said  attorney  shall  thereupon  prepare  a  notice  substantially  in 
the  following  form: 


GENERAL  CHARTER  LAW  OF  WISCONSIN,    loi 

STATE  OF  WISCONSIN — In  the  matter  of  (here  insert  the  object 
of  the  .proceedings)   in  the  city  of  - 

In  the  circnit  court  of  the  county  of  -    — . 
Tn  whom  it  may  concern: 

Notice  is  hereby  given  that  a  petition  for  the  condemnation  oi 
real  estate  has  been  presented  to  said  court  in  the  above  entitled 
matter  by  the  city  oi  -  -  by  its  city  attorney.  All  persons  in- 
terested in  said  matter  may  answer  said  petition  at  any  time 
within  twenty  days  after  the  service  of  this  notice  exclusive  of 
the  day  of  service. 

Dated  -   — . 

A.   B.,   City  Attorney. 

Such  notice  shall  be  served  upon  the  owners  of  the  land  which 
is  proposed  to  be  condemned  and  all  persons  inlet  e;  led  therein  in 
all  respects  like  a  summons  in  a  civil  action,  except  that  in 
cases  of  service  by  publication  and  mailing  or  by  publication 
alone,  the  publication  shall  be  made  in  the  official  paper  of  the 
city,  and  except  that  service  within  the  state  may  be  made  by 
any  police  officer  of  the  city  named  in  the  notice  instead  of  the 
sheriff  of  the  proper  county,  and  the  return  or  returns  of  such 
police  officer  upon  such  notice  or  copies  hereof  shall  have  the 
same  force  and  effect  as  the  return  of  the  sheriff  of  the  proper 
county  by  himself  or  by  either  of  his  deputies.  The  filing  of 
said  petition  shall  be  deemed  the  commencement  of  a  suit. 
Within  twenty  days  after  the  service  of  such  notice  upon  any 
party  owning  or  being  interested  in  any  real  estate  proposed  to 
be  condemned  such  party  may  serve  an  answer  to  such  petition 
upon  the  city  attorney,  and  file  the  same  as  in  cases  of  answers 
in  civil  actions.  No  notice  of  retainer  or  of  appearance  without 
an  answer  shall  be  of  any  avail.  When  the  time  for  answering 
shall  have  expired  the  city  attorney  may  call  up  said  matter  for 
hearing  upon  a  notice  of  three  days,  excluding  the  day  of  service 
and  Sunday  and  legal  holidays,  and  without  notice  to  parties 
who  have  not  answered,  and  such  proceedings  shall  have  preced- 
ence over  all  other  matters  not  on  trial ;  and  the  court  shall  there- 
upon impanel  a  jury,  as  in  civil  eases,  to  determine  whether  or 
not  it  is  necessary  to  take  such  land  for  the  public  use.  Such 
jury  shall  view  the  premises  in  question  in  the  same  manner  as 
in  civil  actions,  when  a  view  is  ordered  by  the  court,  at  the  ex- 
pense of  the  city,  and  shall  return  into  court  as  in  such  cases; 
and  if  no  answer  shall  have  been  served  the  city  attorney  shall 
produce  such  evidence  as  he  deem>j  material  as  lo  the  necessity 
for  such  condemnation,  and  if  an  answer  or  answers  shall  have 


102     GENERAL  CHARTER  LAW  OF  WISCONSIN, 

been  served  the  issue  shall  be  tried  by  the  court  and  jury  as  other 
issues  of  fact,  and  in  either  case  the  court  shall  thereupon  in- 
struct the  jury.  The  jury  shall  thereupon  retire  to  consider 
their  verdict,  which  shall  be  either,  "We,  the  jury,  find  that  it  is 
necessary  to  condemn  the  real  estate  sought  to  be  condemned  in 
this  proceeding  for  the  public  use,"  or,  ''We,  the  jury,  find  that 
it  is  not  necessary  tj  condemn  the  real  estate  nought  to  be  con- 
demned in  this  proceeding  for  the  public  use."  Upon  the  com- 
ing in  of  the  verdict  judgment  shall  be  entered  condemning  the 
land  sought  to  be  condemned  to  the  public  use  for  the  purpose 
set  forth  in  the  petition,  or  dismissing  the  petition,  as  the  verdict 
shall  require.  If  the  jury  shall  disagree  a  new  jury  shall  be  im- 
mediately impaneled  and  proceedings  shall  thereupon  be  had  as 
before.  If  two  juries  shall  disagree  the  matter  shall  be  con- 
tinued to  the  next  term  of  the  court,  when  it  may  be  again 
called  up  and  like  proceedings  had  thereon.  If  three  juries  shall 
disagree  the  proceedings  sha.ll  be  dismissed.  No  appeal  from  a 
judgment  of  condemnation  shall  be  allowed,  but  the  supreme 
court  may  review  such  judgment  upon  a  writ  of  certiorari  sued 
out  within  thirty  days  after  its  entry  and  not  thereafter. 

925 — 160. 

Costs.  SECTION  025—160.  The  eoxts  of  the  foregoing  pro- 
ceedings shall  be  paid  by  the  city,  and  if  the  jury  shall  find  that 
it  is  not  necessary  to  condemn  the  lands  in  question  or  if  the 
proceedings  shall  be  abandoned,  any  party  who  shall  have  put 
in  an  answer  shall  recover  from  the  city  his  disbursements  neces- 
sarily made  or  incurred  and  taxable  attorney's  fees  not  to  ex- 
ceed twenty-five  dollars. 

925 — 161. 

Abandonment  of  proceedings — Controversy  as  to  com- 
pensation. SECTION  925—161.  If  the  city  shall  not,  within 
one  year  after  the  entry  of  a  judgment  of  condemnation,  cause 
the  benefits  and  cl  am  ages  by  reason  of  such  condemnation  to  be 
assessed  as  provided  in  this  subchapter,  and  shall  not  have,  in 
the  proper  fund  available  for  that  purpose,  a  sum  sufficient  1o 
pay  the  excess  -of  damages  -over  benefits,  the  condemnation  pro- 
ceedings shall  be  deemed  to  have  been  abandoned.  At  the  ex- 
piration of  one  year  after  the  entry  of  such  judgment  the  comp- 
troller shall,  upon  demand,  furnish  to  the  mayor  or  any  person 
who  shall  require  it  a  certificate  showing  whether  or  not  there 
was  at  the  end  of  such  year,  in  any  fund  available  for  that  pur- 
po.:e,  a  sum  sufficient  to  pay  such  excess  of  damages  over  benefits, 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     103 

and  such  certificate  shall  be  prima  facie  evidence  -of  the  facts 
therein  certified.  If  it  shall  appear  that  there  is  in  any  fund  a 
sufficient  sum  available  for  that  purpose  at  the  expiration  of 
such  year  or  at  any  time  prior  thereto,  and  after  such  assess- 
ments of  benefits  and  damages  shall  have  been  made  and  con- 
firmed, the  city  may  take  possession  of  the  land  condemned  j  an 
order  on  the  city  treasurer  shall  be  issued  as  in  other  cases  in 
favor  of  the  person  in  whose  favor  any  excess  of  damages  over 
benefits  shall  have  been  assessed,  upon  the  certificate  of  the  city 
attorney  that  such  person  is  entitled  to  receive  the  same.  If 
the  city  attorney  shall  refuse  to  give  >any  such  certificate  the 
party  or  parties  claiming  the  same  may  apply  to  the  circuit  court 
at  the  foot  of  the  judgment  of  condemnation  for  a  decision 
awarding  such  amount  to  him  or  them,  and  upon  such  applica- 
tion and  eight  days'  notice  thereof  to  the  city  attorney  the  court 
shall  proceed  in  a  summary  manner  to  inquire  as  to  the  rights  of 
the  parties  in  the  premises,  and  may  make  up  an  issue  upon  such 
application  and  submit  the  same  to  a  jury  in  a  proper  case,  and 
shall  make  and  file  a  decision  in  writing  as  to  who  is  entitled  to 
draw  the  amount  in  controversy,  and  on  filing  a  certified  copy 
of  such  decision  with  the  city  clerk  an  order  shall  be  issued  in 
accordance  therewith.  If  any  two  or  more  parties  shall  claim 
the  same  sum,  or  if  the  city  attorney  shall  be  in  doubt  as  to 
whom  such  sum  should  be  paid,  he  may  in  like  manner  apply  to 
the  court  for  a  decision  as  to  the  rights  of  the  parties  in  respect 
to  such  sum,  and  upon  such  application  and  eight  days'  notice 
thereof  to  the  parties  interested  the  court  shall  proceed  in  like 
manner  to  ascertain  and  decide  who  is  entitled  to  said  sum  or 
any  part  thereof,  and  the  city  treasurer  shall  in  like  manner  pay 
the  same  out  upon  and  according  to  such  decision.  An  appeal 
from  any  such  decision  may  be  taken  to  the  supreme  court  by 
any  party  interested  therein,  including  the  city,  within  thirty 
days  after  the  filing  of  the  same,  and  such  sum  shall  not  be  paid 
while  such  appeal  is  pending  nor  until  the  matter  shall  be  fin- 
ally determined.  Such  appeal  shall  be  taken  upon  like  notice 
and  undertaking  as:  an  appeal  from  an  order  in  a  civil  action, 
and  like  proceeding  shall  be  had  thereon  in  the  supreme  and  the 
circuit  court. 

925 — 162. 

Rights  of  Menor.  SECTION  925 — 162.  If  any  person  not 
owning  the  land  condemned  shall  have  a  lien  thereon  or  a  lease- 
hold or  other  interest  therein,  he  shall  receive  a  portion  of  the 
excess  of  damages  over  benefits  awarded  by  reason  of  such  con- 


104     GENERAL  CHARTER  LAW  OF  WISCONSIN, 

damnation  in  proportion  to  the  lien  or  interest  he  may  have  in 
such  land,  to  be  ascertained  upon  the  principles  of  equity ;  and 
if  the  parties  cannot  agree  the  matter  may  be  decided  by  the 
court  at  the  fcot  of  the  judgment  of  condemnation  upon  the  Ap- 
plication of  a  party  or  the  city  attorney  as  provided  in  the  pre- 
ceding section.  The  term  "  excess  of  damages  over  benefits" 
shall,  when  used  in  this  chapter,  be  construed  to  include  any 
sum  which  shall  be  assessed  as  damages  and  not  offset  by  «-i UN- 
assessment  of  benefits,  as  well  as  the  balance  in  favor  <;f  a  parly 
in  whose  favor  damages  have  been  assessed  and  against  whom 
benefits  have  been  assessed. 

925 — 163. 

Title  to  fee.  SECTION  925—163.  When  any  land  shall  be 
condemned  under  this  subchapter  for  public  grounds  or  sites  for 
school  or  other  buildings,  the  city  shall  take  a  fee-s'mple  title  to 
such  land.  In  all  other  oases  the  fee  shall  remain  in  the  <>\vner. 
his  heirs  and  assigns,  and  the  city  shall  take  by  the  condemna- 
tion only  such  an  interest  as  shall  be  necessary  and  convenient 
for  the  uses  and  purposes  for  which  the  land  is  condemned. 

925 — 164. 

New  proceedings.  SECTION  925 — 164.  Condemnation  pro- 
ceedings under  this  subchapter  shall  in  no  case  be  a  bar  to  sub- 
sequent proceedings  for  the  condemnation  of  the  same  premises 
or  any  part  thereof  for  the  same  or  a  diffeient  pin  pose  ;  and  the 
same  land  may  be  condemned  more  than  once  for  different  pur- 
poses, each  consistent  with  the  other. 

925 — 165. 

Vacation  of  streets,  etc.  SECTION  925 — 165.  When  a  street 
or  alley  shall  be  changed  by  proceedings  under  this  subchapter 
so  much  of  the  original  street  or  alley  as  shall  be  left  out  of  it 
as  changed  shall  bo  deemed  vacated  without  any  other  proceed- 
ing, and  the  fact  of  such  vacation  shall  be  taken  into  account  in 
assessing  benefits  and  damages  by  reason  of  the  condemnation 
proceeding :. 

925 — 166. 

Asses 3 mi.nt  of  damages  and  benefits.  SECTION  925 — 166. 
It  shall  be  the  duty  of  the  council,  within  three  months  after  any 
judgment  of  condemnation  shall  have  been  entered,  to  adopt  a 
resolution  directing  thi>  board  <-f  public  works  t  /  make  an  assess- 
ment of  L.  ;::;:«'es  by  rea-on  of  Mich  condemnation,  and  in  the 


GENERAL  CHARTER  LAW  OF  WISCONSIN.    165 

ease  of  condemnations  for  opening,  widening,  extending  or 
chnuging  streets  or  alleys  or  for  opening  public  grounds,,  parks 
and  cemeteries  the  council  may  also  direct  said  board  to  make  an 
assessment  <;1  benefits.  Such  re.-clnt  ion  shall  be  certified  by  the 
city  clerk  to  the  board  of  public  works  immediately  after  its  adop- 
tion and  approval.  When  such  assessment  shall  have  been  made 
and  reported  to  the  council  that  body  may,  by  resolution,  con- 
firm the  same  or  refer  the  matter  back  to  the  board  for  a  new 
ax-rssment  or  may,  by  resolution,  abandon  the  condemnation  pro- 
civding.  If  the  council  shall,  for  more  than  three  months  after 
the  entry  of  a  judgment  of  condemnation,  neglect  to  order  an 
assessment  of  damages  or  benefits  and  damages,  as  the  case  may 
be,  the  proceeding  shall  be  deemed  to  have  been  abandoned,  and 
if  the  council  shall  not,  within  one  year  'after  the  entry  of  judg- 
ment of  condemnation,  confirm  an  assessment  of  damages  or  of 
benefits  and  damages,  and  make  provision  for  paying  the  excess 
of  damages  over  benefits  the  proceedings  shall  be  deemed  to  have 
been  abandoned. 

925 — 167. 

Method  of  making  assessment.  SECTION  925 — 167.  When 
the  city  clerk  shall  have  certified  to  the  board  of  public  works 
a  resolution  of  the  council  requiring  an  assessment  of  damages 
or  benefits  and  damages  to  be  made  under  this  subchapter,  said 
board  shall  immediately  proceed  to  -assess  the  damages  by  reason 
of  the  condemnation  mentioned  in  such  resolution  as  follows: 
Opposite  each  description  of  the  land  condemned  the  board  shall 
set  down  in  separate  columns  the  Damages  sustained  by  the 
owner  by  reason  of  the  taking  of  the  land,  the  damages,  if  any, 
to  the  adjoining  property  of  the  same  owner,  the  total  damages, 
and  in  cases  wherein  benefits  may  be  assessed,  the  benefits  which 
will  in  their  judgment  accrue  to  his  lands  in  the  vicinity  of  the 
condemned  land  by  reason  of  the  condemnation  in  question,  the  ex- 
ec- s  of  damages  over  benefits,' and  the  excess  of  benefits  over  dam- 
ages, each  such  sum  being  set  opposite  the  proper  description. 
No  benefits  shall  be  assessed  against  any  lot,  parcel  or  subdivision 
every  part  of  which  shall  be  one  thousand  feet  or  more  distant 
from  the  nearest  land  condemned,  and  no  benefits  exceeding  five 
per  cent,  of  the  assessed  value  thereof  according  to  the  last  as- 
sessment roll  shall  be  assessed  against  any  lot,  parcel  or,  subdi- 
vision by  reason  of  any  one  condemnation  proceeding,  and  no 
benefits  exceeding  three  per  cent,  of  the  assessed  value  thereof 
according  to  said  assessment  roll  shall  be  assessed  against  any 
lot,  parcel  or  subdivision  the  whole  of  which  is  more  than  five 


i»6     GENERAL  CHARTER  LAW  Otf'  WISCONSIN, 

hundred  feet  distant  from  the  nearest  land  condemned  by  reason 
of  any  one  condemnation.  In  assessing  such  damage  or  damages 
and  benefits  the  board  of  public  works  shall  proceed  as  in  case 
of  benefits  and  damages  on  account  of  public  improvements,  giv- 
ing like  notices  and  opportunities  for  correction  and  reporting 
the  assessment  to  the  council  in  like  manner. 

925 — 168. 

Entry  of  special  taxes.  SECTION  925 — 168.  When  such 
assessment  shall  be  confirmed  by  the  council  the  city  clerk  shall 
transmit  the  same  to  the  comptroller,  who  shall  thereupon  report 
to  the  city  clerk  a  list  of  special  taxes  to  be  entered  in  the  tax 
roll  on  account  thereof,  which  list  shall  have  set  opposite  each 
description  against  which  benefits  not  offset  by  damages  or  an 
excess  of  benefits  i/ver  damages  shall  have  been  assessed  the 
amount  of  such  benefits  or  excess,  which  amount  shall  be  levied 
upon  the  land  described  as  a,  special  tax  and  be  collected  the  same 
as  other  taxes. 

925 — 169. 

Damages,  how  paid.  SECTION-  925 — 169.  The  cost  of  each 
condemnation  shall  be  paid  out  of  the  general  city  fund,  except 
the  cost  of  condemnation  for  streets  and  alleys  and  public 
grounds  less  than  five  acres  in  extent,  which  shall  be  paid  out  of 
the  ward  fund  or  funds  of  the  proper  ward  or  wards,  if  any, 
otherwise  from  the  general  fund,  and  the  cost  of  condemnation 
for  other  purposes  as  to  which  there  are  special  funds,  such  as 
the  water  fund  or  sewerage  fund,  if  any,  shall  be  paid  out  of 
such  fund,  and  all  special  taxes  levied  and  collected  on  account 
of  any  condemnation  shall  he  credited  1o  the  fund  out  of  which 
the  cost  of  tin1  condemnation  is  paid. 

925 — 170. 
Exercise  of  power  by  cities  of  other  than  first  class. 

SECTION  925 — 170.  Cities  of  the  second,  third  and  fourth  classes 
may,  at  their  option,  condemn  lands  for  any  of  the  purposes 
mentioned  in  the  first  section  of  this  subchapter,  either  under  the 
provisions  of  section  927  and  sections  895  to  904,  inclusive,  of 
these  statutes  or  under  the  foregoing  provisions  of  this  sub- 
chapter. 

925 — 171. 

Appeal.  SECTION  925 — 171.  Any  party  aggrieved  by  any 
assessment  of  benefits  or  damages  or  both  may  appeal  to  the  cir- 


GENERAL  CHARTER  LAW  OF  WISCONSIN,     107 

cult  court  therefrom,  within  the  time,  in  the  manner  and  upon 
the  security  prescribed  on  appeals  from  assessments  of  benefits 
and  damages  on  account  of  public  improvements,  and  like  pro- 
ceed, ngs  shall  be  had  thereon.  Such  appeal  shall  not  affect  any 
special  tax  levied  on  account  of  an  excess  of  benefits  over  dam- 
ages, but  the  amount  recovered  by  the  appellant  properly  ap- 
plicable in  reduction  of  such  assessment  and  the  costs,  if  any, 
shall  be  paid  out  of  the  proper  fund;  also  the  amount  recovered 
by  way  of  increasing'  any  damages  assessed  or  for  damages  when 
none  have  been  assessed,  with  the  costs,  if  any. 

925 — 171a.     (Ch.  493,  1907.) 

Park  commissioners:  jurisdiction;  streets.  SECTION  925 — 
171a.  The  park  commissioners  of  all  cities  shall  under  the  di- 
rection of  the  common  council  have  the  same  jurisdiction  and 
control  for  park  purposes  over  that  part  of  public  streets,  lying 
and  being  between  the  curb  and  the  sidewalk  as  such  commission 
have  over  the  public  parks  and  may  cause  trees  to  be  planted 
and  cared  for,  and  the  proper  surface  to  be  sodded,  planted  or 
otherwise  cared  for  in  the  same  manner  park  lands  are  cared  for. 

Chapter  XVIII. — City  Improvements. 

925 — 172. 

Grade  of  streets;  damages.  SECTION  925 — 172.  The  coun- 
cil shall  have  authority  to  establish  the  grade  of  all  streets  and 
alleys  in  the  city,  and  to  change  and  re-establish  the  same  as  it 
may  deem  expedient;  provided,  that  whenever  it  shall  change  or 
alter  the  permanently  established  grade  of  any  street  any  person 
thereby  sustaining  damages  to  his  property  on  such  street  shall 
have  a  right  to  recover  such  damages  in  the  manner  set  forth  in 
this  subchapter. 

925 — 173. 
Record  of  grade.       SECTION  925 — 173.       The  grade  of  all 

streets  shall  be  established  and  described,  and.  the  adoption  of 
such  grades  and  all  alterations  thereof  shall  be  recorded  by  the 
city  clerk.  No  street  shall  be  worked  until  the  grade  thereof  is 
established  and  recorded  in  the  manner  herein  set  forth. 

925—174. 

Streets  and  sidewalks.  SECTION  925 — 174.  The  streets 
shall  be  divided  into  a  carriage  way  and  a  sidewalk  on  each  side 
thereof ;  the  sidewalk  shall  be  for  the  use  of  persons  on  foot,  and 
no  person  shall  be  allowed  to  incumber  the  same  with  boxes  or 


168     GENERAL  CHARTER  LAW  OF  WISCONSIN, 

other  material ;  but  such  sidewalk  shall  be  kept  clear  for  the  uses 
specified  herein. 

925 — 175. 

Opening,  paving  and  grading  streets,  etc.  SECTION  925 — 
175.  The  city  may  cause  streets  and  alleys  to  be  opened,  leveled, 
graded,  regraded,  graveled,  regraveled,  macadamized,  paved  and 
repaved  with  stone,  wood  or  other  material  or  improved  in  any 
other  manner,  and  may  cause  such  streets  and  alleys  to  be 
swept,  sprinkled  and  cleaned;  but  no  street  shall  be  graded,  j» -rav- 
eled, paved,  macadamized  or  improved,  where  the  expense  ex- 
ceeds five  hundred  dollars,  except  upon  the  vote  of  two-thirds  of 
the  members  of  the  council  elect.  The  expense  of  such  work  or 
improvement  may  be  paid  in  whole  or  in  part  by  the  city  or  by 
the  property  to  be  benefited  thereby  as  the  council  shall  direct. 
but  in  no  case  shall  the  amount  assessed  to  any  parcel  of  real 
estate  exceed  the  benefit  accruing  thereto  by  such  improvement, 
except  in  case  of  sidewalks ;  provided,  that  where  work  is  ordered 
to  be  done  and  the  expense  thereof  is  made  chargeable  to  partic- 
ular property  the  city  shall  in  no  case  be  responsible  for  the  pay- 
ment therefor  except  in  cases  where  the  cost  of  the  improvement 
exceeds  the  benefits. 

925 — 175a.     (Ch.  77,  1903.) 
Portion  of  street  for  park  purposes;  damages;  benefits. 

SECTION  925 — 17fm.  In  case  the  common  council  of  any  city 
of  the  second,  third 'or  fourth  class  shall  determine  to  improve 
any  street,  avenue  or  boulevard  under  the  provisions  of  sections 
925—175  and  925—178  of  the  statutes  of  1898,  the  board  of  pub- 
lic works,  or  if  there  be  no  such  board  of  public  works,  the  officer 
or  officers  designated  to  perform  its  duties,  may,  as  a  part  of 
such  improvement,  set  aside  and  provide  for  the  improvement 
of  a  portion  of  such  street,  avenue  or  boulevard  for  park  pur- 
poses, and  may  determine  in  what  manner  the  same  shall  be  im- 
proved, and  may  assess  the  damages  and  benefits  resulting  from 
such  entire  improvement,  including  the  cost  of  the  improvement 
of  the  part  of  such  street,  avenue  or  boulevard  sr,<  set  aside1  for 
park  purposes,  to  the  several  parcels  of  land  affected  thereby  as 
provided  in  section  925 — 178  of  said  statutes,  and  shall  include 
such  determination  in  the  report  required  to  be  made  and  filed 
by  them. 

925 — 176. 

Improvements  upon  petition.  SECTION  925 — 176.  In  any 
city  whenever  the  owners  of  more  than  one-half  of  the  frontage 


GENERAL   CHARTER  LAW  OF  WISCONSIN.      109 

of  the  lots  upon  that  part  of  any  street  proposed  to  be  improved 
shall  petition  the  common  council  to  improve  such  street  or  part 
of  street  by  stone  paving,  macadam  or  otherwise  as  set  forth,  to 
be  made  in  such  manner  as  shall  be  fully  specified  by  the  city 
surveyor  and  approved  by  the  mayor,  and  upon  advertisement 
setting  forth  clearly  such  specifications,  such  city  may  contract 
for  such  work  to  be  done  by  the  lowrest  responsible  bidder  if 
deemed  reasonable  in  cost,  or  in  case  of  macadam  it  may  have 
tin'  work  done  by  men  in  the  employ  of  the  city;  provided,  that 
such  improvement,  unless  made  to  connect  with  streets  somewhat 
similarly  improved,  shall  be  imade  to  extend  upon  such  street  not 
less  than  the  length  or  width  of  three  blocks  of  lots  and  the 
street  crossings  between.  The  cost  of  such  improvement  when 
made  shall  be  assessed  to  the  respective  owners  of  the  lots  front- 
ing on  such  street  in  the  ratio  of  each  owner's  number  of  feet 
front  to  the  entire  length  of  such  improvement,  exclusive  of 
street  crossings,  which  shall  be  chargeable  to  the  city  as  its  pro- 
portion of  expense,  and  such  crossings  shall  be  made  to  conform 
with  the  street  so  improved.  The  word  street  as  herein  used  may 
be  construed  to  mean  two  or  more  streets  when  the  whole  taken 
together  would  form  one  continuous  drive. 

925 — 176a.     (Ch.  108,  1903.) 

Permanent  sidewalks.  SECTION  925 — 176a.  The  provisions 
of  subdivision  176,  as  well  as  the  provisions  of  subdivisions  1 90 
to  197a,  inclusive,  shall  apply  in  cities  of  the  fourth  class,  to  the 
building  of  sidewalks  or  curbs  of  cement,  stone  or  other  perman- 
ent material;  provided,  that  such  permanent  sidewalk  or  curb 
shall  be  made  to  extend  not  less  than  the  length  or  width  of  one 
block,  on  one  side  of  the  street. 

925 — 177. 

Crosswalks,  expense  of.  SECTION  925—177.  The  expense 
of  all  crosswalks  at  the  intersection  of  streets  or  alleys  and  across 
public  grounds  shall  be  paid  by  the  city  at  large  or  the  proper 
ward.  The  expense  of  maintenance,  relaying,  keeping  in  repair 
and  cleaning  of  streets,  in  all  cases  where  the  .streets  shall  have 
been  constructed  to  the  established  grade  and  graveled,  planked, 
macadamized  or  paved  as  required  by  the  council,  shall  be  paid 
out  of  the  general  fund  of  the  city  or  the  ward  fund  of  the 
proper  ward. 

925 — 178. 

Damages  for  change  of  grade,  SECTION  925 — 178.  Before 
the  council  shall  change  or  alter  any  established  grade  or  order 


310     GENERAL  CHARTER  LAW  OP  WISCONSIN. 

any  work  to  he  done  on  any  street  at  the  expense  of  the  roal 
estate  to  be  benefited  thereby,  it  shall  order  the  board  of  public 
works,  or  if  there  'be  no  such  board,  the  officer  or  officers  desig- 
nated to  discharge  its  duties,  to  view  the  premises  and  determine 
the  damages  and  benefits  which  will  accrue  to  each  parcel  of  real 
estate  by  such  change  or  alteration  of  grade;  the  entire  cost  of 
the  contemplated  work  or  improvement  upon  the  street,  the  bene- 
fits and  damages  that  will  -accrue  to  the  several  parcels  of  real 
estate  thereby,  and  the  amount  that  should  be  assessed  under  the 
provisions  of  this  subchapter  to  each  parcel  of  such  real  estate 
as  benefits  accruing  thereto  by  such  contemplated  work  or  im- 
provement. 

925 — 179. 

Report.  SECTION  925 — 179.  Said  board  shall  make  and  file 
in  their  office  a  report  showing  their  determination  on  the  ques- 
tions required  to  be  considered  by  them  under  the  provisions  of 
the  preceding  section. 

925 — 180.      (Ch.  152,  1907.) 

Street  alterations:  report;  notices.  SECTION  925 — 180. 
Notice  shall  be  given  by  the  board  of  public  works  that  such  re- 
port is  open  for  review  at  their  office  and  will  be  so  continued  for 
the  space  of  ten  days  after  the  date  of  such  notice  and  that  on  a 
day  named  therein,  which  shall  be  not  more  than  three  days  af- 
ter the  expiration  of  said  l<  n  days,  said  board  will  be  in  session 
to  hear  all  objections  that  may  be  made  to  such  report.  Much 
notice  shall  'be  published  in  I/if  official  n-r  it's  pa  per  of  l/ie  cifif 
at  l«isf  once  and  our  copy  of  such  notice  shall  be  posted  in  each, 
hi  nek  of  I  he  pa>rt  of  the  street  proposed  to  5b  hn  proved  or  the 
(/rade:  of  wtfiich,  it  is  proposed  to  cJianeje.  Ruch  pwstett  no- 
tices •shall  be  printed  in  Ijjpc  not  smaller  than  pica,  ftuch 
publication  and  posting  shall  l>e  made  /nv  dtu/s  prior  to  the 
date  of  hearing  objections  as  aforesaid.  No  irregularity 
in  the  form  of  such  report,  nor  of  said  notice  shall  affect 
its  validity  if  it  fairly  contains  the  information  required 
to  be  conveyed  thereby.  At  the  time  specified  for  hearing  objec- 
tions to  said  report,  said  board  shall  hear  all  parties  interested 
who  may  appear  for  that  purpose,  reduce  to  writing  all  ob- 
jections that  may  be  made  and  all  evidence  that  may  be  offered 
to  sustain  the  same,  and  may  review,  modify  and  correct  saicl 
report  as  they  deem  just,  and  thereupon  a  complete  and  final 
report  shall  be  made  and  filed  by  said  board  with  the  city  clerk 
together  with  all  objections  and  evidence  taken  before  them  to 


GENERAL  CIIARTKR   LANV  OF  WISCONSIN.       Ill 

sustain  the  s<ame.  and  proof  of  publication,  of  said  notice  and  an 
affidavit-  of  the  posthn/  I  hereof  as  above  specified,  which  affidavit 
sit  all  he  received  in  all  (Y/vx  as  presumptive  evidence  of  the  facts 
I  In  t-<  in  >lalcd.  No  irregularity  in -the  form  of  said  report  or 
manner  of  conducting  the  proceedings  by  said  board,  or  in  the 
proof  of  publication  or  in  the  affidavit  of  posting  shall  affect 
the  legality  of  said  report,  unless  it  shall  appear  that  the  owners 
of  the  property  affected  by  the  proceedings  were  clearly  misled 
by  such  irregular ihj  and  have  not  had,  an  opportunity  to  be 
heard.  At  such  hearing  any  member  of  the  board  may  admin- 
ister oaths  as  may  be  necessary  in  conducting  it. 

* 

925 — 181. 

Action  on  report.  SECTION  925 — 181.  The  city  clerk  shall 
publish  a  notice  in  the  official  paper  at  least  once  that  the  said 
report  is  on  file  in  his  office  arid  that  the  common  council  will, 
at  a  meeting  to  be  held  at  the  time  stated  in  the  notice,  consider 
the  said  report  and  hear  all  objections  which  may  be  made  there- 
to, and  determine  what  portion  of  the  cost  of  the  improvement, 
if  any,  shall  be  paid  by  the  city  at  large.  At  least  one  week 
shall  intervene  between  the  first  publication  of  such  notice  and 
the  said  meeting.  The  council  may  at  such  meeting,  or  at  an 
adjourned  meeting,  confirm  or  correct  such  report  or  refer  it 
back  to  the  board  for  further  consideration. 

925 — 182. 

Assessment  of  benefits.  SECTION  925 — 182.  Subject  to  the 
limitations  hereinbefore  mentioned  the  council  may  determine 
the  amount  to  be  paid  by  the  real  estate  as  benefits  on , account  of 
the  improvement  of  a  street  and  the  amount  that  shall  be  paid 
by  the  city  at  large,  or  the  ward  fund  of  the  wards  in  which 
said  improvement  is  made. 

925 — 183. 

Notice  of  final  determination.  SUCTION  925 — 183.  When  a 
final  determination  shall  have  boon  reached  by  the  council  the 
city  clerk  shall  publish  notice  in  the  official  paner  of  the  city 
once  in.  each  week  for  two  successive1  weeks  that  a  final  determina- 
liou  has  been  made  as  to  the  damages  that  will  accrue  to  the  real 
estate  in  case  of  the  change  of  a,n  established  <rrade,  or  the  bene- 
fits and  damages  to  be  assessed  to  the  real  estate  in  case  of  a 
proposed  improvement. 

925 — 184. 

Remedy  of  land-owner,  SECTION  925— 184.  If  the  owner 
of  any  parcel  of  land  mentioned  in  said  notice  feels  himself  ag« 


112     GENERAL  CHARTER  LAW  OP  WISCONSIN. 

grieved  by  reason  of  the  determine! 'on  made  by  the  council  he 
may,  within  twenty  days  after  the  date  of  such  determination, 
a  Pi  >en  1  therefrom  to  the  circuit  court.,  and  such  appeal  shall  be 
taken,  tried  and  determined  and  bonds  for  costs  shall  be  given 
and  costs  awarded  in  like  manner  as  in  case  of  appeals  from  the 
disallf  wance  of  claims  under  this  chapter;  provided,  that  in  case 
any  contract  shall  have  been  made  for  making  the  improvements 
said  appeal  shall  not  affect  said  contract,  but  a  certificate  against 
the  lot  in  question  for  the  amount  of  benefits  assessed  to  such  lot 
shall  be  issued  notwithstanding  such  appeal ;  and  in  case  the  ap- 
pellant shall  succeed  the  difference  between  the  amount  charged 
in  the  certificate  so  issued  and  the  amount  adjudged  to  be  paid 
as  benefits  accruing  to  the  parcel  of  real  estate  described  in  such 
certificate  shall  be  paid  by  the  city  at  large  or  out  of  the  ward 
fund  as  the  council  may  direct. 

925 — 185. 

Remedy  exclusive.  SECTION  925 — 185.  The  appeal  given 
by  the  last  section  from  the  report  of  the  board  of  public  works 
as  confirmed  by  the  council  shall  be  the  only  remedy  of  the  owner 
of  any  parcel  of  land  or  of  any  person,  interested  therein  affected 
by  said  improvement  for  the  redress  of  any  grievance  he  may 
have  by  reason  of  the  making  of  such  improvement  or  of  the 
change  of  any  established  grade  covered  by  said  report. 

925 — 186.      (Ch.  88,  1903.) 

Bids,  advertisement  for;  contract.  SECTION  925 — 186. 
When  any  of  the  works  before  mentioned  shall  have  been  ordered 
to  be  done  and  the  plans  for  the  same  containing  a  description 
of  the  work,  the  materials  to  be  used  and  such  other  matters  as 
will  give  an  intelligent  idea  of  the  work  required  shall  have  been 
filed  with  the  city  clerk  where  the  same  can  be  inspected  by  per- 
sons desiring  to  bid  on  such  work,  the  board  of  public  works 
shall  advertise  in  the  official  paper  of  the  city  for  bids  for  doing 
such  work  for  such  length  of  time  as.  it  may  think  the  interest 
of  the  city  demands,  not  les;s  than  once  a  week  for  four  successive 
weeks.  The  board  shall  prepare,  or  cause  to  be  prepared,  a 
printed  form  for  the  contract,  with  sureties  required,  and  fur- 
nish the  same  to  all  persons  desiring  to  bid,  and  shall  not  con- 
sider any  bid  unless  accompanied  by  a  contract  with  sureties 
as  prescribed  by  the  form  so  furnished,  completed,  with  the  ex- 
ception of  the  signatures  on  the  part  of  the  city.  The  notice 
published  shall  inform  bidders  fully  of  this  requirement.  In 
every  city  whether  operating  under  a  general  or  special  char* 


GENERAL   CHARTER  LAW  OF  WISCONSIN.     113 

%  * 

tor,  no  special  assessment  or  certificate  thereof  or  tax  sale  certifi- 
es 1<>  based  thereon  shall  be  held  to  be  invalid  for  the  reason  that 
any  contract  which  has  been  heretofore  or  may  hereafter  be  let 
contains,  on  the  part  of  the  contractor,  a  guaranty  or  any  pro- 
vision to  keep  the  work  done  under  such  contract  in  good  order 
or  repair  for  a  limited  number  of  years,  when  such  guaranty  or 
provision  was  inserted  therein  for  the  purpose  of  insuring  the 
proper  performance  of  such  work  in  the  first  instance.  All  sucH 
provisions  in  contracts  for  doing  public  work,  inserted  for  iKe 
purpose  aforesaid,  are  hereby  legalized,  and  all  such  provisions 
shall  be  deemed  prima  facie  to  have  been  inserted  for  that  pur- 
pose, unless  the  time  during  which  the  contractor  is  required  to 
keep  the  work  in  good  order  or  repair  shall  exceed  five  years. 
Right  and  authority  is  hereby  given  to  such  cities  to  insert  in 
contracts  for  the  pavement  of  streets  with  asphalt  the  provision 
that  the  person,  firm  or  corporation  entering  into  any  contract 
with  such  cities  for  the  paving  of  its  streets  with  asphalt  shall  in 
said  contract  agree,  with  such  city  to  permit  such  city  to  reserve 
and  keep  in  its  possession  an  amount  equal  to  ten  per  cent,  of 
the  total  contract  price  for  such  work  as  a  guaranty  for  the  per- 
formance of  the  conditions  contained  in  such  contract;  and  fur- 
ther to  furnish  such  city  at  the  time  of  the  making  of  such  con- 
tract with  ?,  bond  or  undertaking  in  the  sum  equal  to  twenty- 
five  per  cent,  of  the  contract  price  of  such  work,  conditioned 
for  the  faithful  performance  of  all  conditions  and  covenants  con- 
tained in  such  contract  and  particularly  the  provisions  contained 
in  such  contract  with  reference  to  the  keeping  in  good  order 
and  repair  for  a  definite  number  of  years  the  paving  work  done. 
Such  bond  or  undertaking  shall  be  executed  by  said  person,  firm 
or  corporation  and  by  some  surety  or  guaranty  company  on  their 
behalf. 

925—187. 

Rejection  of  bids.  SECTION  925 — 187.  The  board  of  public 
works  shall  have  power  to  reject  any  and  all  bids  if,  in  their 
opinion,  any  combination  has  been  entered  into  to  prevent  free 
competition ;  otherwise  the  contract  shall  be  let  as  prescribed  in 
the  subchapter  entitled  "Board  of  public  works." 

925 — 188. 

Certificate  to  contractor.  SECTION  925 — 188.  Whenever 
any  work  has  been  done  under  contract  as  provided  in  this  sub- 
chapter  and  the  same  shall  have  been  approved  by  the  board  of 
public  works,  the  contractor  shall  be  entitled  to  a  certificate  there- 

a 


114      GENERAL   CHARTER  LAW  OF   WISCONSIN. 

» 

for  as  to  each  parcel  of  land  against  which  benefits  shall  have 
been  assessed  for  the  amount  chargeable  thereto.  Said  certifi- 
cate shall  be  in  such  form  as  the  board  may  prescribe.  The 
amount  chargeable  to  the  city  shall  be  paid  as  the  contract  for 
the  work  may  provide. 

925 — 189.     (Ch.  174,  1907.) 

Contractors'  certificate:  conclusiveness.  SECTION  925— 
189.  1.  After  the  expiration  of  nine  months  from  the  dalr  nl' 
said  certificate  the  same  shall  be  conclusive  evidence  of  the  legality 
of  all  proceedings  up  to  and  inclusive  of  the  issue  thereof,  and 
it  may  be  transferred  by  indorsement; 

Appeals.  2.  This  shall  not  affect  any  appeal  From  the  re- 
port of  the  board  of  public,  works  as  confirmed  by  the  council. 

Payment.  3.  If  said  certificates  are  not  paid  before  the 
first  day  of  November  of  the  year  in  which  they  are  issued' 
the  same  may  on  or  before  the  fifteenth  day  of  November 
of  said  year  be  filed  with  the  comptroller  in  cities  of  the  first 
class  and  with  the  city  clerk  in  all  other  cities,  and  when  so  died 
the  comptroller's  statement  of  special  assessments  to  be  placed 
in  the  next  tax  roll  shall  include  an  amount  sufficient  to  pa> 
said  certificates,  with  interest  thereon  at  the  legal  rate  from  the 
date  of  such  certificates,  to  the  time  when  the  city  treasurer  is 
required  to  make  return  of  delinquent  taxes,  and  thereafter  the 
same  proceedings  shall  be  had  as  in  case  of  other  taxes,  except 
that  all  moneys  collected  by  the  city  treasurer  and  all  moneys 
collected  by  the  county  treasurer  on  account  of  such  taxes,  and 
all  the  tax  certificates  issued  to  the  county  on  the  sale  of  the 
property  for  such  tax,  if  the  same  is  returned  delinquent,  shall 
be  delivered  to  the  owner  of  the  same  on  demand. 

925 — 190. 

Payment  for  work.  SECTION  925 — 190.  When  a  contract  is 
let  for  doing  any  work  specified  herein,  and  such  work  is  charge- 
able to  the  real  estate  to  be  benefited,  it  may  provide  that  the 
amount  so  chargeable  may  be  paid  with  certificates  against  the 
lots  or  in  special  improvement  bonds,  or  the  proceeds  of  the  sale 
of  such  bonds,  or  that  payment  may  be  in  part  made  in  certifi- 
cates, part  in  cash  and  part  in  special  improvement  bonds  or  the 
proceeds  thereof. 

925 — 191. 

Notice  concerning  bonds.  SECTION  925 — 191.  As  soon  as 
the  amount  chargeable  to  the  real  estate  is  finally  determined  the 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     115 

council  may  cause  a  notice  to  be  published  in  the  official  paper 
substant:ally  in  the  following  form: 

City  Improvement  Notice. 

Notice  is  hereby  given  that  a  contract  has  been  (or  is  about 
to  be)  let  for  -  -  (describe  the  work  and  street)  and  that 
the  expense  of  said  improvement  chargeable  to  the  real  estate 
has  been  determined  as  to  each  parcel  of  said  real  estate,  and  a 
statement  of  the  same  is  on  file  with  the  city  clerk.  It  is  pro- 
posed to  issue  bonds  chargeable  only  to  the  real  estate  to  pay  the 
special  assessments,  a.nd  such  bonds  will  be  issued  covering  all 
of  said  assessments  except  in  cases  where  the  owners  of  the  prop- 
erty file  with  the  city  cleric,  within  thirty  days  after  the  date 
hereof,  a  written  notice  that  they  elect  to  pay  the  special  assess- 
ments or  a  part  thereof  on  their  property,  describing  the  same, 
on  presentation  of  the  certificates. 

925 — 192. 

Issue  and  execution  of  bonds.  SECTION  925 — 102.  After 
the  expiration  of  said  thirty  days  the  council  may  issue  special 
improvement  bonds  covering  all  of  the  assessments  except  such 
as  the  owners  have  filed  notices  of  election  to  pay  'as  provided  in 
the  preceding  section.  Said  bonds  shall  be  signed  by  the  mayor 
and  clerk,  be  sealed  with  the  corporate  seal  of  the  city,  and  con- 
tain such  recitals  as  may  be  necessary  to  show  that  they  are 
chargeable  only  to  particular  property,  specifying  the  same,  and 
the  number  and  amount  of  said  bonds,  and  such  other  provis'ons 
as  the  council  shall  think  proper  to  insert;  such  bonds  shall  in 
no  event  be  a  general  city  liability. 

925 — 193.      (Ch.  132,  1899.) 

Terms  and  sale  of  bonds.  SECTION  925 — 193.  Said  bonds 
may  be  annual  or  semi-annual  interest  coupon  bonds  or  regis- 
tered bonds  without  interest  coupons  as  the  common  council 
may  direct,  the  total  issue  in  each  ca.se  shall  be. payable  in  annual 
installments  for  a  period  not  exceeding  ten  years  from  the  date 
of  issue,  and  shall  draw  interest  at  a  rate  not  exceeding  six 
per  cent,  per  annum,  interest  payable  annually  or  semi-annually 
as  the  common  council  may  direct;  such  bonds  may  be  of  such 
denomination  as  the  common  council  shall  determine  and  shall 
be  sold  at  not  less  than  par.  The  proceeds  of  the  sale  of  such 
bonds  shall  be  credited  by  the  city  treasurer  to  the  special  fund 
for  the  improvement  of  such  street  or  streets,  and  may  be  paid 


116     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

to  the  contractor  for  such  work  when  payment  is  due  him  and 
the  council  shall  so  direct,  or  the  contractor  may  take  such  bonds 
as  payment  for  work  done  with  the  permission  of  the  council. 

925 — 194. 

Record  of  assessments.  SECTION  025 — 194.  The  city  clerk 
shall  carefully  prepare  a  statement  of  the  special  assessments  on 
which  the  bonds  are  issued  and  record  the  same,  together  with  a 
copy  of  said  bonds,  in  his  office. 

925 — 195. 

Payment  of  bonds.  SECTION  925 — 195.  The  city  treasurer 
shall,  out  of  the  special  fund  hereby  created  for  that  purpose, 
pay  the  interest  on  and  the  principal  of  said  bonds  as  the  same 
become  due  and  charge  the  same  to  said  fund. 

925 — 196. 

Collection  of  assessments — Redemption.  SECTION  925 — 
196.  In  each  year  after  the  issuing  of  said  bonds,  until  all  of 
them  are  paid,  when  the  tax  roll  for  the  year  is  prepared  suffi- 
cient of  the  special  assessment  on  each  parcel  of  land  covered  by 
said  bonds  to  pay  the  annual  installment  of  the  principal  and  the 
interest  on  the  amount  of  sa'd  special  assessment  then  unpaid 
shall  be  extended  on  the  tax  roll  as  a  special  tax  on  said  prop- 
erty, and  thereafter  this  tax  shall  be  treated  in  all  respects  as" 
a,ny  other  city  tax,  and  when  collected  the  same  shall  be  a  special 
fluid  for  the  payment  of  such  bonds  arid  interest,  and  shall  be 
used  for  no  other  purpose.  Any  bondholder  or  bondholders  may 
redeem  from  any  tax  sale,  as  fully  as  if  owners  of  the  land,  un- 
der section  1165. 

925 — 197. 

Limitation  of  actions.  SECTION  925 — 197.  Every  action  or 
proceeding  to  avoid  any  of  the  special  assessments  or  taxes  levied 
pursuant  to  the  same,  -or  to  restrain  the  levy  of  such  taxes  or  the 
sale  of  lands  for  the  non-payment  of  such  taxes,  shall  be  brought 
within  nine  months  from  the  end  of  the  period  of  thirty  days 
limited  by  the  city  improvement  notice  provided  for  by  section 
925 — 191,  and  not  thereafter.  This  limitation  shall  cure  all  de- 
fects in  the  proceedings,  and  defects  of  power  on  the  part  of  the 
officers  making  the  assessment,  except  in  cases  where  the  lands 
are  not  liable  to  the  assessment,  or  the  city  has  no  power  to 
make  any  such  assessment,  'or  the  amount  of  the  assessment  has 
been  paid  or  a  redemption  made. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     117 

925 — 197a. 

Foreclosure  of  bonds;  procedure;  lis  pendens.  SECTION 
925 — 197a.  The  special  improvement  bonds  herein  mentioned 
shall  be  a  lien  against  all  lots,  parts  of  lots  or  parcels  of  land 
against  which  special  assessments  have  been  made,  which  lien 
shall  take  precedence  of  all  other  claims  or  liens  thereon,  and 
when  issued  shall  transfer  to  the  holders  thereof  all  the  right, 
title  and  interest  of  such  city  in  and  to  the  assessment  made  on 
account  of  the  improvement  mentioned  therein  and  the  liens 
thereby  created,  with  full  power  to  enforce  the  collection  thereof 
by  foreclosure  in  the  manner  mortgages  on  real  estate  are  fore- 
closed; but  the  time  of  redemption  therefrom  shall  be  fixed  by 
the  court,  and  a  copy  of  the  bond  foreclosed  may  be  filed  as  a 
part  of  the  judgment  roll  in  said  action  in  lieu  of  the  original 
thereof.  If  within  ninety  days  after  the  commencement  of  the 
annual  sale  of  lands  for  taxes  the  amount  to  pay  any  instalment 
of  principal  or  interest  shall  not  have  been  collected  by  the  city, 
the  owner  or  owners  of  at  least  one-third  in  par  value  of  the 
bonds  issued  on  any  single  improvement  may  proceed  in  his  or. 
their  own  names  to  collect  the  same  by  foreclosure  thereof,  and 
shall  recover,  in  addition  to  the  amount  of  said  bonds  and 
interest,  all  costs  against  the  property  of  the  party  or  parties 
in  default;  provided  however  that  the  owner  of  any  property 
covered  by  such  bonds,  or  the  holder  of  a  lien  thereon  or  other 
person  interested  in  the  property  may  redeem  the  same  at  any 
time  before  judgment  by  paying  to  the  county  clerk  the  amount 
due  against  such  preperty,  together  with  ten  per  cent,  addi- 
tional thereon,  which  shall  be  in  full  for  all  costs  chargeable 
to  such  property  in  such  action.  Any  number  of  the  holders 
of  such  bonds  for  any  single  improvement  may  join  as  plaint- 
iffs in  any  such  action,  and  any  number  of  the  owners  of  or  other 
persons  interested  in  the  property  covered  by  the  assessment 
upon  which  such  bc/nds  are  issued  and  on  which  they  are  a 
lien  may  be  joined  as  defendants  in  any  such  action ;  and  in  case 
more  than  one  action  of  foreclosure  shall  be  commenced  upon  the 
bonds  issued  on  account  -of  a  single  improvement  such  actions 
may  be  consolidated.  Any  holders  of  bonds  for  the  same  im- 
provement who  do  not  join  as  plaintiffs  may  be  made  defendants 
and  their  rights  adjudicated  in  the  action.  Such  bonds  shall 
be  equal  liens  upon  the  property  for  the  assessments  represented 
by  them,  without  priority  one  over  another,  to  the  extent  of 
the  several  assessments  against  the  lots  and  parcels  of  land 
against  which  the  special  assessments  shall  have  been  made. 
Upon  the  commencement  of  any  such  action  the  plaintiff  shall 


118     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

cause  a  notice  thereof  to  be  filed  in  the  offices  of  the  county 
clerk  and  county  treasurer,  designating  the  particular  property 
affected  by  such  foreclosure;  and  thereafter  no  redemption  of 
any  such  property  from  such  assessments  shall  be  had  without 
payment  of  all  costs  theretofore  accrued  in  such  action  except 
as  hereinbefore  provided. 

-925 — 199. 

Care  of  parks.  SECTION  925 — 19.9.  Until  such  time  as  the 
council  shall  provide  for  a  board  of  park  commissioners  the 
public  parks  shall  be  under  the  charge  of  the  board  of  public 
works. 

925 — 200.     (Ch.  93,  1909.) 

Public  parks.  SECTION  925 — 200.  1.  The  council  shall  have 
full  power  to  legislate  with  reference  to  public  parks. 

Curtive  clauses.  2.  All  proceedings  heretofore  taken  ~by 
<iiii/  cil>]  for  lln  cxldhlixhment  of  parks  at  tJve  expense  of  the 
city,  without  first  hnv-'unj  submitted  the  question  of  such  estab- 
lishment to  a  vote  of  the  electors,  are  hereby  declared  to  be  valid. 


Chapter  XIX. — Sidewalks. 

925 — 201. 

Grade  of.  SECTION  925 — 201.  In  all  cases  where  the  grades 
of  sidewalks  shall  not  have  been  specially  fixed  by  ordinance 
the  sidewalks  shall  be  laid  to  the  established  grade  of  the  street. 

925 — 202. 

How  constructed.  SECTION  925 — 202.  The  council  may 
from  time  to  time  by  resolution  establish  the  width,  determine 
the  material  and  prescribe  the  method  of  construction  of  stand- 
ard sidewalks,  and  the  standard  so  fixed  may  be  different  for 
different  streets. 

925 — 203. 

Contract;  expense.  SECTION  925 — 203.  Whenever  a  street 
shall  be  -improved  for  the  first  t'me  or  the  grade  thereof 
changed  and  the  street  improved  so  as  to  conform  to  the  new 
grade,  the  grading  of  the  sidewalks  shall  be  considered  a  part 
of  the  improvement,  shall  be  let  by  contract  with  the  other  work 
of  improving  such  street,  and  the  expense  thereof  shall  be  pro- 


*  Section  925—198  repealed  by  Chap.  32,  1897. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     119 

videcl  for  and  borne  in  all  respects  like  that  of  improving  the 
street,  but  the  construction  of  the  sidewalk  shall  be  done  by  the 
owners  of  the  abutting  lots  or  parcels  of  land  or  at  their  expense 
~as  hereinafter  provided. 

925 — 204.      (Ch.  425,  1909.) 

Sidewalks ;  how  laid.  SECTION  925 — 204  1.  It  shall  be 
the  duty  of  the  owner  of  every  lot  or  parcel  of  land  abutting 
up  -n  any  street,  or  streets  to  lay  at  his  own  expense  such  side- 
walk as  shall  be  ordered  by  the  city  council,  in  the  same  manner 
ami  itn-dc)'  I  IK  s<nn<  procedure  as  is  provided  in  subsection  2  of 
this  statute. 

Replacing;  notice.  2.  (Ch.  674,  1907.)  And  whenever  the 
board  of  public  works  or  officers  performing  the  duties  of  such 
board  shall  have  declared  any  sidewalk  or  part  thereof  unsafe, 
defective  or  insufficient,  and  required  the  same  to  be  removed  or 
replaced  with  a  new  sidewalk,  it  shall  be  the  duty  of  the  owner 
of  every  lot  or  parcel  of  land  abutting  upon  that  portion  of  the 
street  or  streets  upon  which  said  sidewalk  ordered  to  be  re- 
moved is  situated,  at  his  own  expense  within  ten  days  after 
the  service  upon  such  owner  or  upon  his  agent  or  in  case  such 
owner  or  his  agent  cannot  be  found  within  the  city  in  which 
said  lot  or  ynrcsl  of  land  is  situated,  within  ten  days  after  the 
publication  in  the  official  paper  of  such  city,  of  a  copy  of  a 
written  order  or  resolution  adopted  by  the  board  of  public  works 
or  officers  performing  the  duties  of  such  board  requiring  such 
removal,  to  lay  such  sidewalk  in  place  thereof,  all  according  to 
the  requirements  of  said  order  or  resolution. 

925 — 205.     (Ch.  425,  1909.) 

Default  of  lot  owner;  laid  by  city.  SECTION  925—205.  1. 
Whenever  the  owner  of  any  lot  or  parcel  of  land  so  abutting 
upon  any  street  or  streets  shall  neglect  to  lay  such  sidewalk  as 
provided  for  in  I  lie  preceding  section,  it  shall  be  the  duty  of  the 
board  of  public  works  or  officers  performing  the  duties  of  such 
board  to  cause  such,  sidewalks  to  be  laid  in  front  of  such  lot  or 
parcel  of  land ;  and  whenever  the  owner  of  any  lot  or  parcel  of 
land  abutting  upon  that  portion  of  any  street  or  streets  upon 
which  any  sidewalk  ordered  to  be  removed  or  laid  is  situated 
shall  neglect  for  twenty  days  after  the  service  upon  such  owner 
or  upon  his  agent  or  in  case  such  owner  or  his  agent  cannot  be 
found  within  the  city  in  which  such  lot  or  parcel  of  land  is 
situated,  within  ten  days  after  the  publication  in  the  official 


120     GENERAL  CHARTER   LAW  OP   WISCONSIN. 

paper  of  such  city,  of  a  copy  of  a  written  order  or  resolution 
adopted  by  the  board  of  public  works,  or  officers  performing 
the  duties  of  such  board,  directing  such  laying,  removal  and  re- 
building to  lay  such  sidewalk  according  to  the  .requirements  of 
the  order  or  resolutk-n  of  such  board  of  public  works  or  officers 
performing  the  duties  of  such  board.  It  shall  be  the  duty  of 
such  board  of  public  works  or  officers  performing  the  duties  <,f 
such  board  to  lay  xw  Ii  new  *id<  irtdk  or  to  remove1  such  defective, 
unsafe  sidewalk  and  to  replace  the  same  with  such  sidewalk  in 
accordance  with  the  requirements  of  said  order  or  resolution. 

Contract.  2.  (Ch.  (>74,  1907.)  Such  xidcintll;  in  nil  cases 
shall  be  constructed  by  contract. 

Repair.  3.  (Ch.  (574,  1907.)  And  in  all  cases  where  the 
sidewalk  shall  be  out  of  repair  should  any  portion  thereof 
be  in  such  condition  that  the  board  <•}'  public  works  or  of- 
ficers performing  Ih  duHrs  of  xnc/t  hoard  do  not  deem  it 
necessary  to  order  the  removal  of  the  whole  thereof,  it  shall  be 
the  duty  of  the  board  of  public  works  or  offict  rs  i><  rfonn ing  UK 
duties  of  such  board  to  repair  or  cause  the  same  to  be  repaired. 

Expense.  4.  (Ch.  674,  1907.)  The  board  of  public  works 
or  officers  performing  Hn  duties  of  such  board  shall  keep  an 
accurate  account  of  the  expenses  .-  f  laying  and  repairing  side- 
walks in  front  of  each  lot  or  parcel  of  land  whether  the  work  be 
done  by  contract  or  otherwise,  and  to  report  the  same  to  the 
comptroller  who  shall  annually  prepare  a  statement  of  the  ex- 
pense so  incurred  in  front  of  each  lot  or  parcel  of  land  and  re- 
port the  same  to  the  city  clerk,  and  the  amount  therein  charged 
to  each  lot  or  parcel  of  land  shall  be  by  such  clerk  entered  in 
the  tax  roll  as  a  special  tax  against  said  lot  or  parcel  of  land, 
and  the  same  shall  be  collected  in  all  respects  like  other  city 
taxes  upon  real  estate. 

Contract:  payment;  certificate  against  lot.  5.  (Ch.  425, 
1909.)  Provided  that  in  case  the  laying  or  repairing  of  any 
sidewalks,  as  above  provided,  shall  be  done  by  contract,  such  con- 
tract may  provide  that  -any  person  to  whom  a  contract  is 
awarded  for  the  laying  or  repair  of  such  sidewalk,  shall  re- 
ceive in  payment  certificates  against  the  lot  or  parcel  of  land 
in  front  of  which  such  sidewalk  is  laid  or  repaired,  and  it 
shall  be  the  duty  of  the  board  of  public  works  or  officers  per- 
forming the  duties  of  such  board,  after  the  completion  and  ac- 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     121 

ceptance  of  such  w-:/rk  to  issue  such  certificates  on  the  request 
of  the  person  entitled  to  receive  them. 

Certificates.  6.  All  such  certificates  shall  be  signed  by  the 
mayor  and  clerk,  countersigned  by  the  comptroller  and  de- 
livered to  the  person  entitled  to  receive  the  same,  said  certifi- 
c;ites  shall  be  proceeded  with  and  shall  have  the  same  affect 
as  other  certificates  given  for  street  improvements  chargeable 
1o  lots  or  parcels  of  land,  as  provided  in  section  925 — 189. 

Repairs.  7.  It  shall  be  the  duty  of  the  owner  of  every  lot  or 
parcel  of  land  abutting  upon  a  street  to  keep  in  repair  the 
sidewalk  in  front  of  such  lot.  Such  duty  shall  be  enforced  and 
such  repairs  made,  and  the  cost  thereof  assessed  and  collected, 
in  case  the  owner  shall  fail  to  make  them,  by  the  same  officers 
and  in  the  f-ame  manner  as  prescribed  in  this  and  the  preced- 
ing section  for  the  enforcement  of  the  duty  to  lay  and  the  lay- 
ing and  collecting  the  cost,  if  necessary,  of  new  sidewalks. 

925 — 205a.     (Ch.  20,  1899.) 

When  to  be  maintained  at  expense  of  city.  SECTION  925 
— 2050.  Whenever  the  council  shall  by  resolution  or  ordinance 
so  determine,  the  sidewalks  of  the  city  shall  be  maintained  and 
kept  in  repair  by  and  at  the  expense  of  said  city,  after  such 
j-jdewa.lks  shall  have  been  first  laid  by  the  lot  owner  and  ac- 
cepted and  approved  by  said  city. 

925—206. 

Snow  and  ice.  SECTION  925 — 206.  It  shall  be  the  duty  of 
the  board  of  public  works  to  keep  the  sidewalks  of  the  city  clear 
of  snow  and  ice  in  all  cases  where  the  owners  or  occupants  of 
the  abutting  lots  fail  to  do  so,  and  the  expense  of  so  doing  in 
front  of  any  lot  or  parcel  of  land  shall  be  included  in  the  state- 
ment to  the  comptroller  required  by  the  last  section,  and  in  his 
statement  to  the  city  clerk  and  in  the  special  tax  to  be  levied 
as  therein  provided. 

925 — 207. 

Rules.  SECTION  925 — 207.  The  council  may  from  time  to 
time  make  all  needful  rules  and  regulations  by  ordinance  for 
carrying  the  aforesaid  provisions  into  effect,  for  regulating  the 
use  of  the  sidewalks  of  t*he  city  and  preventing  their  obstruction. 


122     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

Chapter  XX. — Sewers. 

925 — 208. 

Districts.  SECTION  925—208.  All  cities  shall  have  full 
power  to  construct  systems  of  sewerage  and  to  provide  for  the 
payment  of  sewers  by  the  city,  by  sewerage  districts  or  by  abut- 
ting property  owners,  but  no  city  shall  enter  upon  such  con- 
struction until  it  shall  have  been  divided  into  sewerage  districts 
and  a  plan  shall  have  been  adopted  in  the  manner  hereinafter 
specified;  provided,  that  it  shall  not  be  necessary  before  any 
part  of  the  system  is  constructed  that  the  plan  shall  be  deter- 
mined upon  in  all  its  details,  but  it  shall  be  settled  so  far  as  re- 
lates to  that  portion  of  the  system,  upon  which  the  construction 
is  commenced;  and  provided  further,  that  this  section  shall  not 
apply  to  cities  heretofore  divided  into  sewerage  districts  and 
which  have  adopted  a  system  of  sewerage. 

925—209. 

Plans  and  diagrams.  SECTION  925 — 209.  The  board  of 
public  works  shall  cause  diagrams  of  the  plans  of  the  sewerage 
for  each  district  to  be  prepared  showing  the  lots  and  parcels  ot 
land,  the  main  sewers,  minor  sewers,  man-holes,  catch-basins 
and  all  other  matter  pertaining  to  the  system. 

925 — 210. 

Notice.  SECTION  925 — 210.  On  the  completion  of  such  dia- 
gram notice  shall  be  given  in  the  official  paper  of  the  city  sub- 
stantially in  the  following  form : 

Notice  is  hereby  given  that  a  plan  for  sewerage  for  the  dis- 
trict bounded  as  follows : ,  has  been  prepared  and  is  now 

open  to  inspection  at  the  office  of  the  city  clerk.  All  persons 
owning  or  interested  in  real  estate  in  said  district  are  entitled 
to  .examine  the  same  at  any  time  within  thirty  days  after  the 
first  publication  of  this  notice  a.nd  file  objections  to  said  plan. 

On  the •  day  of  -  — ,  18 — ,  this  board  will  be  in  session  to 

consider  a,ny  objections  that  may  have  been  filed,  and  all  per- 
sons desiring  to  be  heard  before  the  board  can  then  be  heard. 

Dated . 


Board  of  Public  Works. 

The  day  for  the  hearing  specified  shall  be  within  thirty  days 
after  the  last  publication  <;l'  said  notice,  which  shall  be  pub- 
lished at  least  once  in  each  week  for  four  successive  weeks. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     123 

925—211. 

Hearing;  report.  SECTION  925—211.  On  the  day  specified 
for  said  hearing  the  board  shall  take  up  and  consider  all  ob- 
jections made  to  the  plan  as  proposed,  and  take  down  in  writ- 
ing any  testimony  that  may  be  oft'ered  to  sustain  said  objections. 
When  the  board  shall  have  concluded  said  hearing  they  shall 
report  the  proposed  plan,  with  the  objections,  their  rulings 
thereon  and  the  evidence  taken,  to  the  council.  The  council 
shall  then  examine  the  same  and  may  approve  the  plan  as  pro- 
posed or  change  it  in  such  manner  as  they  think  proper,  and 
approve  as  changed  or  modified  by  them,  or  may  reject  the  plan 
and  direct  the  board  to  propose  a  new  plan,  in  which  case  pro- 
ceedings shall  be  had  as  before. 

925 — 212. 

Filing  diagrams.  SECTION  925 — 212.  When  the  plan  for 
any  sewerage  district  is  finally  determined  complete  diagrams 
of  the  same  shall  be  prepared  in  duplicate  and  certified  to  be 
correct  by  the  board  of  public  works ;  one  of  such  diagrams  shall 
be  filed  in  the  office  of  the  city  clerk  and  one  in  the  office  of 
the  register  of  deeds  of  the  county  within  which  the  city  is 
located. 

925 — 213. 

Report  and  action  thereon.  SECTION  925 — 213.  On  or  be- 
fore the  first  Monday  of  March  in  each  year  the  board  shall  pre- 
sent to  the  council  a  report  of  the  sewers  necessary  or  advisable 
to  be  constructed  during  the  ensuing  year.  The  council  shall,  as 
soon  as  practicable,  consider  said  report ;  they  may  approve  the 
same  or  make  such  additions  or  changes  as  to  them  seem  best  and 
adopt  the  report  as  changed  or  modified.  No  sewer  shall  be 
constructed  during  the  ensuing  year,  except  such  as  shall  have 
been  determined  upon  in  the  manner  aforesaid,  unless  by  a  vote 
of  three-fourths  of  all  the  members  of  the  council.  The  board 
shall  proceed  to  construct  the  sewers  determined  upon  when  and 
as  ordered  by  the  council. 

925 — 214.     (Ch.  221,  1907.) 
Sewers :  plans,  specifications ;  bids ;  construction  by  city. 

SECTION  925 — 214.  After  the  council  shall  have  ordered  the  con- 
struction of  any  sewer  the  board  of  public  works  shall  advertise 
for  and  receive  bids  to  do  the  work  so  ordered,  having  first  pro- 
cured to  be  carefully  prepared,  and  put  on  file  in  the  office  of 
the  board,  for  the  examination  and  guidance  of  bidders,  plans 


124     GENERAL  CHARTER  LAW  OP  WISCONSIN. 

and  specifications  describing  the  work  to  be  done  and  the  kinds 
and  qualities  of  materials  to  be  used,  as  directed  by  the  council, 
and  shall  let  the  contract  to  the  lowest  responsible  and  reliable 
bidder;  provided,  however,  that  the  board  shall  have  the  right 
to  reject  all  bids  and  readvertise  for  proposals  if  they  believe 
none  of  the  bidders  are  responsible  or  that  any  agreement  has 
been  entered  into  between  bidders  to  prevent  competition;  and 
provided,  further,  that  the  contract  shall  not  be  binding  till 
approved  by  the  council  and  countersigned  by  the  comptroller. 
When  no  proper  bids  shall  be  received  for  any  such  work  the 
council,  by  a  two-thirds  vote  of  <tll  //x  m<  »ih<  rs,  may  direct  that 
such  work  be  done  under  the  xu.pcrvix'uni  of  such  officer  or  of- 
Jic<  rx  as  it  shall  designate. 

925 — 215. 

Payment  of  contractor.  SECTION  925 — 215.  Such  contract 
may,  at  the  option  of  the  city,  except  as  herein  otherwise  pro- 
vided, require  the  contractor  to  receive  as  payment  for  so  much 
of  the  work  as  has  been  assessed  against  the  lots  opposite  to  the 
front  of  which  any  such  sewer  shall  extend,  certificates  against 
such  lots  respectively,  or  improvement  bonds,  and  the  residue 
of  such  contract  shall  be  paid  out  of  the  proceeds  of  the  general 
sewerage  tax  to  be  levied  on  the  real  estate  and  personal  prop- 
erty within  the  sewerage  district  by  the  council  on  the  reemn- 
menda.tion  of  the  board  of  public  works. 

925 — 216.     (Ch.  215,  1901.) 

Assessments;  notice.  SECTION  925 — 216.  Before  any  con- 
tract for  woik  under  this  subchapter,  to  be  paid  for  in  whole  or 
in  part  by  such  assessment  shall  have  been  entered  into,  the 
board  of  public  works,  or,  if  there  be  no  such  board,  the  officer 
or  officers  designated  to  discharge  its  duties,  shall  make  an  as- 
sessment against  all  lots,  parts  of  lots  and  parcels  of  land  front- 
ing or  abutting  on  the  work  so  contracted  to  be  done  on  each 
side  of  the  same  for  its  whole  length,  and  which  have  not  been 
before  so  assessed  for  sewerage  purposes,  at  an  even  rate  not  ex- 
ceeding two  dollars  nor  less  than  twenty-five  cents  per  linear  foot 
on  each  side  of  the  street  of  the  whole  frontage  of  each  lot,  part 
of  lot  or  lots  or  parcel  of  land  fronting  or  abutting  on  each  side 
of  said  sewer,  except  corner  lots  which  shall  be  assessed  therefor 
as  follows :  Corner  lots  not  sub-divided  in  ownership,  and  sub- 
divisions of  such  lots,  constituting  the  actual  corner  of  corner 
lots,  sub-divided  in  ownership,  shall  be  entitled  to  a  deduction  in 
making  such  assessments  of  one-third  from  the  aggregate  of  the 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     125 

T  street  lines  of  such  corner  lot  or  corner  sub-division  thereof, 
on  all  the  streets  in  front  thereof ;  such  deduction  to  be  made  in 
•the  assessment  of  the  longest  street  line  of  such  corner  lots  or 
corner  sub-divisions  thereof,  or  in  ease  of  equal  street  lines  there- 
of in  the  assessment  for  the  second  sewer  to  wh'ch  they  are  liable. 
Whenever  any  lot  is*  sub-divided  which  as  originally  platted 
fronts  or  abuts  in  any  sewer  and  the  subdivisions  thereof  are 
owned  by  different  persons,  no  subdivisions  of  such  lots  not 
fronting  or  abutting  on  such  sewer  and  not  owned  by  the  same 
person  who  owns  the  sub-division  fronting  or  abutting  on  such 
sewer  shall  be  assessed  for  the  cost  of  such  sewer.  Before  any 
such  assessment  shall  be  made,  notice  of  at  least  seven  days 
shall  be  given  by  said  board  by  publication  in  the  official  paper 
to  the  effect  that  such  board  will  meet  at  a  certain  time  and 
place  for  the  purpose  of  making  such  assessment  and  that  all 
persons  interested  may  appear  and  be  heard  upon  the  matter 
of  the  assessment,  and  the  apportionment  of  the  expense  herein 
provided  for  among  the  lots  in  the  sewerage  district.  At  least 
one  day  prior  to  such  hearing  the  board  shall  make  and  file  in 
its  office  a  plat,  report  or  table  intelligibly  exhibiting  the  sums 
to  be  assessed  on  all  the  lots  in  the  district  which  plat,  report 
or  table  shall  be  open  to  public  inspection. 

925 — 217. 

Apportionment  of  benefits  on  subdivision  of  lot.  SECTION 
1)25 — 217.  Whenever  any  lot  or  parcel  of  land  shall  be  sub- 
divided by  sale  or  otherwise  after  the  assessment  of  benefits 
accruing  to  it  by  a  system  of  sewerage  shall  have  been  made  and 
before  such  system  shall  have  been  fully  carried  out  and  ex- 
tended to  such  lots  assessed  and  the  assessment  on  such  work 
paid,  any  party  interested  may  give  notice  to  the  board  of  such 
sub-division,  and  in  such  case  or  when  the  said  board  shall  in 
any  other  way  become  cognizant  of  the  fact  of  such  sub-division 
they  may  make  an  equitable  apportionment  of  the  said  benefit 
tax  against  any  lot  between  the  different  parcels  of  it;  if  by 
neglect  of  the  owners  of  the  lot  KO  divided  no  such  apportion- 
ment shall  be  made  then  the  entire  lot  shall  be  liable  for  the 
whole  tax.  i  :  ( 

925 — 218.      (Ch.  215,  1901.) 

Cost  of  sewers,  how  paid.  SECTION  925 — 218.  The  cost  of 
all  sewers  in  street  and  alley  crossings  and  of  all  sewers  in  excess 
of  the  amount  per  linear  foot  chargeable  to  lots  and  lands  as 
provided  in  section  925 — 216  of  all  catch-basins  for  receiving 


126      GENERAL  CHARTER  LAW  OF  WISCONSIN. 

water  from  the  gutteis  and  of  the  overHew  pipes  connecting  them 
i  with  the  newel's  of  all  temporary  catch-basins,  of  repairing  and 
i-leansing  of  sewers  and  all  expenditures  for  temporary  work  ne- 
cessary to  carry  on  the  system  of  M-werage  herein  provided  for, 
iind  all  the  cost  i  I'  constructing  sewers  not.  provided  for  by  special 
assessment,  shall  be  paid  out  of  the  fund  of  the  proper  sewerage 
district^;  and  all  cleaning  and  repa'ring  of  sewers  and  catch- 
basins  and  all  temporary  \\vrk  necessary  to  be  done  as  above 
stated  shall  be  done  by  the  authority  of  the  board  of  public  works, 
as  may  be  necessary  or  by  the  (.Hirer  or  officers  discharging  the 
duties  of  such  board.  The  eo.-t  of  constructing  the  main  sewers 
within  the  city  limits  (;r  extending  beyond  the  same  may  be  paid 
for  in  whole  or  in  part  by  the  city  out  of  the  general  fund  or 
out  of  the  funds  <;•!'  Hie  proper  sewerage  district,  or  by  abutting 
property  owners,  as  the  common  council  shall  by  ordinance  direct. 

925 — 219. 

Collection  of  tax.  SUCTION  025—219.  The  board,  of  public 
works,  or  the  officer  <r  officers  designated  to  discharge  its  duties, 
shall  report  to  the  council,  en  or  before  the  first  day  of  October 
of  each  year,  as  accurately  as  may  be  the  amount  of  money  re- 
quired for  sewerage  purposes  for  that  year  in  each  district  in 
addition  to  the  special  assessments  made;  and  the  council  may 
direct  the  levy  and  collection  of  a  tax  for  sewerage  purposes 
in  each  district  or  such  amount,  as  may  be  necessary,  not,  how- 
ever, to  exceed  in  any  one  year  the  sum  of  five  mills  on  the  dol- 
lar on  all  property  subject  to  taxation  in  any  such  sewerage 
district,  which  tax  shall,  when  collected,  be  placed  in  the  fund 
of  the  sewerage  district  in  which  the  same  has  been  collected. 
The  city  treasurer  shall  keep  a  separate  and  distinct  account 
with  each  such  district. 

925 — 220.      (Ch.  215,  1901.) 

Contractors,  how  paid.  SECTION  925 — 220.  Any  person  to 
whom  a  contract  is  awarded  for  the  c.nst  ruction  of  a  sewer,  shall 
receive  in  payment  certificates  against  the  lots,  parts  of  lots  or 
parcels  of  land  so  as  heretofore  directed  to  be  assessed,  so  far  as 
the  same  will  go  in  liquidation  of  the  amount  of  such  contract 
and  shall  be  entitled  to  receive  city  orders  for  the  balance  due, 
payable  only  out  of  the  fund  of  the  proper  district,  and  it  shall 
be  the  duty  of  the  board  of  public  works,  after  the  completion  of 
any  contract  and  acceptance  of  the  work,  to  issue  such  certificates 
on  the  request  of  the  person  entitled  to  receive  them,  and  where 
any  sum  is  found  to  be  due  a  contractor  over  and  above  the 


GENERAL   ClIAUTKtt    LAW   OF    WISCONSIN.      127 

amount  of  certificates  so  1o  he  signed  and  receive  in  part  pay- 
ment, to  certify  the  same  to  the  council  which  may  direct  an 
order  to  be  drawn /for  the  payment,  of  such  sum.  All  certifi- 
cates of  special  assessments  for  building  sewers  shall  be  signed 
by  the  mayor  and  clerk,  countersigned  by  the  comptroller  and 
delivered  to  the  persons  ent  il  led  to  receive  the  siame,  said  certifi- 
cates shall  be  proceeded,  \villi  and  shall  have  the  like  effect  a,s 
other  certificates  given  for  street  improvements  chargeable  to 
lots,  as  provided  in  section  925 — -18.9. 

925 — 221. 

Sureties  to  contracts.  SUCTION  925 — 221.  All  contracts 
entered  into  by  the  board  of  public  works  under  this  snbchapter 
shall  be  with  sureties  approved  as  to  form  and  execution  by  the 
city  attorney,  and  before  taking  effect  shall  be  signed  by  the 
mayor  and  clerk  and  countersigned  by  the  comptroller. 

925 — 222. 

Powers  of  board  of  public  works.  SECTION  925 — 222.  In 
all  cases  the  work  shall  be  subject  to  the  superintendence  and  di- 
rection of  the  board  of  public  works,  and  no  contractor  shall  be 
entitled  to  recover  compensation  for  any  work  executed  by  him 
unless  such  work  shall  have  been  approved  by  said  board ;  pro- 
vided, that  sa'd  board  may,  from  time  to  time  as  the  work  pro- 
gresses, at  their  discretion,  grant  to  any  contractor  for  a  sewer 
an  estimate  of  the  amount  and  proportionate  value  of  the  work 
done,  withholding  in  all  cases  twenty-five  per  cent,  of  said  esti- 
mate, which  shall  entitle  the  holder  to  receive  the  amount  thereof, 
less  such  twenty-five  per  cent.,  from  the  proper  fund. 

925 — 223.      (Ch.  220,  1907.) 

Streets:  paving;  lateral  sewers,  drains;  laying  expense. 
SECTION  925 — 223.  Whenever  the  council  shall  order  the  paving 
or  repaving  of  any  street  in  which  water,  gas  mains  and  sewers 
or  either  of  them  shall  have  been  previously  laid  or  constructed, 
they  may  also  by  resolution  require  water  and  gas  service  pipes 
and  house  drains  to  be  first  laid  in  such  street,  at  the  cost  of  the 
property  fronting  thereon,  from  the  main  sewer,  water  and  gas 
mains  in  such  street  to  the  curb  line  on  either  side  thereof,  at 
such  intervals  as  the  council  shall  direct,  along  the  whole  length 
of  such  paved  street,  except  at  street  and  alley  crossings,  and 
notice  shall  thereupon  be  given  to  the  owners  or  occupants -of  the 
property  adjoining  such  street,  by  publication  thereof  for  six  days 
in  the  official  paper,  requiring  them  to  do  such  work  opposite 


128     GENERAL  CHARTER  LAW  OP   WISCONSIN. 

their  respective  lots  according  to  plans  and  specifications  to  be 
before  prepared  and  filed  in  the  office  of  the  board  of  public 
works,  city  clerk  or  city  surveyor,  as  the  council  shall  prescribe, 
showing  the  location  and  size  and  the  k'nd  and  quality  of  mater- 
ial of  such  lateral  sewers  or  drains  and  water  and  gas  service 
pipes;  and  if  such  owners  or  occupants  shall  refuse  or  neglect  to 
do  the  same  before  the  paving  or  repaying  of  said  street  so  or- 
dered and  within  ten  days  after  publication  of  such  notice,  the 
board  of  public  works  or. the  officer  or  officers  discharging  the 
duties  thereof  may  procure  the  same  to  be  done. 

Such  board  of  public  works  or  the  officer  or  officers  discharg- 
ing the  duties  thereof  shall  keep  an  accurate  account  of  the  ex- 
fonses  of  putting  in  such  lateral  scu'crs  or  drains  and  water  and 
gas  service  pipes  in  front  of  ca-ch  lot.  or  parcel  of  land,  whether 
the  work  be  done  by  contract  or  otherwise.,  and  report  the  same 
to  tUz  comptroller  or  city  clerk  u'ho  >hall  annually  prepare  a 
statement  of  the  e.r/><  n.^e  so  incurred  in  front  of  each  lot  or 
parcel  of  land,  and  report  the  same  to  the  city  clerk,  and  the 
amount  therein  charged  to  each  lot  or  parcel  of  land  shall  be 
In/  sue//  clerk  <  iilcred  in  the  tax  roll  as  a  special  tax  against 
Mid  lot  or  parcel  of  land,,  and  th\?  same  shall  be  collected  in  all 
respects  like  oilier  eih/  faxes  upon  real  estate;  provided,  that 
no  street  shall  lie  paved,  or  repaved  by  order  of  the  council 
unless  the  water  and  gas  mains  and  service  pipes  and  necessary 
sewers  and  their  connections  shall,  a»s  required  by  the  council, 
be  first  laid  and  constructed  in  that  portion  of  such  street  so 
to  be  paved  or  repaved. 

925 — 224. 

Private  drains.  SECTION  925—224.  It  shall  be  the  duty  of 
the  said  board  to  see  that  private  drains  and  sewers  are  con- 
structed from  every  lot  in  said  city  which  in  their  judgment  re- 
quires it,  and  that  such  drains  or  sewers  are  made  to  communi- 
cate with  the  public  sewers  in  a  proper  manner,  and  they  may 
require  such  number  of  drains  and  sewers  to  be  constructed  as 
they  deem  expedient. 

925 — 225. 

Form  and  construction  of.  SECTION  925 — 225.  The  said 
bmrd  shall  prescribe  the  location,  arrangement,  form,  materials 
and  construct: on  of  every  drain  and  sewer  for  every  lot  empty- 
ing into  the  public  sewers  and  determine  the  manner  and  plan 
of  the  connection  of  the  same ;  the  work  of  construction  shall  be 
in  all  cases  subject  to  the  superintendence  and  control  of  said 


GENERAL  CHARTER  LAW  OF  WISCONSIN.      129 

heard  ami  be  executed  in  compliance  with  their  orders;  but  the 
co  4  ol'  such  private  sewers  shall  not  be  included  in  the  estimate 
of  the  cost  of  tlie  general  plan  of  sewerage  in  any  district  and 
shall  he  charged  upon  the  lot  or  lots  for  the  benefit  of  which  they 
shall  be  constructed. 

925 — 226. 
Construction  of  private  drains.     SECTION  925 — 226.     The 

said  hoard  .-hall  have  at  their  office,  ready  for  the  examination 
of  the  pai  ties,  interested,  the  specifications  of  any  private  drains 
or  sewers  so  ordered  to  be  constructed,  and  shall  give  to  the  lot- 
owners  six  days'  notice  in  the  official  paper  to  construct  the 
same,  designat'ng  therein  a  reasonable  time  within  which  the 
work  shall  be  completed;  and  in  case  any  lot-owner  neglects  to 
do  the  work  required  of  him  to  be- done  within  the  time  so  speci- 
fied they  shall  advertise  for  proposals  and  let  the  same  by  con- 
tract, and  at  the  completion  of  the  contract  shall  give  to  the  con- 
tractor a.  certificate  or  certificates  against  such  lot  or  lots,  which 
shall  be  proceeded  with  and  shall  have  the  like  effect  as  other  cer- 
tificates g'ven  for  work  chargeable  to  lots. 

925 — 227. 

Contractor  may  enter  on  lot.  SECTION  925 — 227.  Any  per- 
son who  has  taken  such  contract  to  construct  a  private  drain  or 
sewer  from  any  lot  may  enter  upon  such  lot  and  construct  there- 
on such  drain  or  sewer,  and  shall  have  free  ingress  and  egress 
upon  the  same  with  men  for  that  purpose,  and  may  deposit  all 
the  necessary  building  materials  and  generally  do  and  perform 
all  things  necessary  to  a  complete  execution  of  the  work. 

925 — 228. 

Connection  of  private  drains.  SECTION  925 — 228.  No 
private  drain  shall  be  connected  with  any  public  sewer  without 
a  permit  therefor  having  first  been  issued  in  such  manner  as  the 
council  shall  have  provided. 

925 — 229. 

Wrongful  connection,  obstruction,  etc.  SECTION  925 — 
229.  No  person  shall  be  required  to  make  connection  with  any 
public  e.ewer  until  his  lot  or  part  of  lot  is  so  used  or  improved  as 
to  make  such  connection  desirable;  and  no  person  shall  break 
open  or  make  such  connection  except  by  the  consent  and  direc- 
tion of  the  board  of  public  works  or  the  officer  or  officers  dis- 
charging their  duties,  and  any  person  who  shall  do  so,  or  who, 
9 


130     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

shall  wilfully  or  maliciously  obstruct,  damage  or  injure  any 
public  or  private  sewer  or  drain,  or  wilfully  injure  any  of  the 
material  employed  or  used  for  the  purposes  of  sewerage  shall  be 
fined  not  more  than  five  hundred  dollars  or  be  imprisoned  in  the 
county  jail  not  to  exceed  three  months. 

925 — 230. 

Sewers,  where  laid.  SECTION  925 — 230.  Any  contractor 
or  other  person  acting  under  the  direction  of  the  board  of  public, 
works  may  lay  sewers  in  and  through  any  alleys  and  streets,  and 
through  any  breakwater  into  any  lake,  and  also  in  any  high- 
ways of  the  county,  whether  within  the  limits  of  said  city  or  not ; 
provided,  that  it  shall  be  the  duty  of  such  contractor  to  repair. 
such  streets,  alleys,  breakwaters  and  highways  and  restore  the 
same  to  their  former  condition  upon  the  completion  of  such 
sewers. 

925 — 231. 

Diagrams,  effect  of.  SECTION  925 — 231.  Either  of  the 
duplicate  diagrams  filed  as  the  final  determination  for  a  plan  of 
sewerage  for  any  district,  after  the  expiration  <>!'  nine  months 
from  the  date  of  such  filing,  shall  bo  conclusive  proof  of  the  regu- 
larity of  the  proceedings  to  establish  the  plan  of  sewerage  shown 
on  such  diagram. 

925 — 232. 

Plan,  how  changed.  SECTION  925 — 232.  When  a,  plan  of 
sewerage  has  been  finally  determined  upon  it  shall  not  be 
changed  except  by  a  vote  of  three- fourths  of  all  the  members  of 
the  council  in  favor  of  the  same;  such  change  shall  be  by  ordi- 
nance, passed  at  a  regular  meeting,  after  the  same,  as  proposed, 
shall  have  been  published  at  least  once  in  each  week  for  two  suc- 
cessive weeks  in  the  official  paper. 

925 — 233. 

New  diagrams;  effect  of.  SECTION  925 — 233.  When  such 
change  shall  have  been  determined  upon  duplicate  diagrams  shall 
be  prepared,  certified  and  filed  as  before,  showing  the  plan  of 
sewerage  as  changed,  and  after  nine  months  from  the  date  oH 
such  filing  the  said  duplicates  shall  be  conclusive  proof  of  the 
regularity  and  legality  of  the  proceedings  to  establish  such  plan ; 
if  any  change  made  renders  useless  any  existing  sewer  the  ex- 
pense of  such  change  shall  be  paid  by  the  general  fund. 


GENERAL  CHARTER  LAW  OF  WISCONSIN,    m 

925 — 234. 

Improvement  bonds;  notice  of  issue.  SECTION  925 — 234. 
\Yhenever  a,  (ontiact  shall  have  been  let  for  the  construction  of 
any  sewer  and  the  amounts  have  been  determined  that  are 
chargeable  to  the  lots  or  parcels  <  f  land  abutting  on  the  "streets 
or  alleys  through  which  said  sewer  is  to  be  constructed,  if  the 
council  deems  it  for  the  best  interest  of  the  property  owners 
affected  by  the  special  assessment  for  the  construction  of  said 
sewer  it  may  cause  a  notice  to  be  published  in  the  official  paper 
once  in  each  week  for  two  successive  weeks,  substantially  in  the 
following  form : 


Improvement  Bonds  for  Sewerage  Assessments. 

Notice  is  hereby  given  that  a  contract  has  been  let  for  the  con- 
struction of  a  sewer  'as  follows  (describe  the  street  or  alley)  ; 
that  a  statement  showing  the  amount  of  the  special  assessment 
chargeable  to  the  lots  and  parcels  of  real  estate  benefited  by -said 
sewer  or  abutting  on  the  street  (or  alley)  through  which  said 
sewer  is  to  be  constructed  is  nowr  on  file  with  the  city  clerk;  all 
parties  who  desire  to  pay  the  special  assessment  on  presentation 
of  the  proper  certificate  are  hereby  required  to  file  their  notice 
to  that  effect  with  the  said  clerk  before  the  expiration  of  thirty 
days  from  the  date  of  this  notice;  the  city  will  issue  its  six  per 
cent,  semi-annual  interest  coupon  bonds  payable  in  annual  in- 
stalments for  an  amount  sufficient  to  cover  the  special  assess 
nients  which  the  parties  owning  the  property  do  not  elect  to  pay 
on  the  presentation  of  certificates  in  the  manner  stated ;  said 
bonds  will  be  a  charge  upon  the  particular  lots  only  against 
which  said  special  assessments  are  levied. 

Dated  this  -    -  day  of ,  18—. 

— ,  City  Clerk  of  the  City  of . 

925 — 235.     (Ch.  170,  1907.) 

Sewerage  bonds:  issue.  SECTION  925 — 2:}r>.  /.  The 
council  shall  then  Itavc  the  puircr  lo  /sx/y,"  x?/r//  bonds  for 
an  amount  sufficient  to  cover  all  special  assessment*  which  f/te 
fxir/ies  do  nof  elect  to  i;aij  in  accordance  -with  suck  notice.  Said 
honds  may  he  annual  or  semi-annual  interest  coupon  bonds, 
or  registered  bonds  without  Interest  coupons,  as  Ihc  council  may 
direct.  The  total  issue  in  each  case,  shall  be  payable  in  annual 
installments  for  a  period  not  r./vr,  ditnj  I  en  years  from  the  date 
of  issue,  and  shall  draw  interest  nol  <.>•<•<<  <lin<j  six  per  cent,  per 


132      (JFA'URAL   ('IIAKTKK  LAW  OP   WISCONSIN. 


nun  it  in,  inli  r<  si  /xii/ah/i   (iiinmillij,  or  semi-anniltilly,  <i*  I  li 
until  council  nxnj  direct. 

Form.  2.  Such  bond*  shall  specify  on  their  Face  that 
they  are  sewerage  bends.  ?md  shall  contain  such  recitals  as 
may  be  necessary  to  >how  that  they  ;nv  chaigeable  only  to  partic- 
ular property,  specifying  the  same,  and  the  number  and  amount 
of  said  bonds,  and  such  other  provisions  as  the  council  may  think 
proper  to  be  inserted;  they  shall  !.  '  signed  by  the  mayor  and 
clerk  and  sealed  with  the  corporate  sea!  uf  the  city.  Such  sewer 
improvement  bonds  shall  in  no  event  be  a,  general  city  liability. 

925  —  236. 

Bonds,  how  sold.  SECTION  925  —  23(>.  Any  portion  or  any 
instalment  or  instalments  oF  said  bonds  may  bo  sold  by  the 
council  at  not  less  than  p:ir  value,  and  the  proceeds,  on  being 
collected  -by  the  city  treasurer,  shall  be  paid  to  the  sewerage  con- 
tractor when  due  him  ;  or  the  contract  may  provide  that  the  con- 
tractor shall  lake  the  bonds  as  payment  on  his  contract  at  their 
par  value,  but  he  shall  be  charged  with  accrued  interest. 

925  —  237. 

Payment  of  bonds.  SECTION  925  —  237.  The  city  treasurer 
shall  pay  the  interest  on  and  principal  of  said  bonds  as  the  same 
become  due  and  charge  the  amount  to  the  proper  fund. 

925  —  238. 

Assessments,  collection  of.  SECTION  925  —  238.  In  each 
year  after  the  issu'ng  of  said  bonds,  until  all  of  them  are  paid, 
when  the  tax  r;  II  fer  the  year  is  prepared  sufficient  of  the  special 
assessment  on  each  parcel  of  land  covered  by  said  bonds  to  pay 
the  annual  instalments  of  principal  with  the  interest  on  the 
amount  of  said  special  assessment  then  unpaid  shall  be  extended 
on  the  tax  roll  a,s  a,  special,  tax  against  the  property,  and  there- 
after such  tax  shall  be  treated  in  all  respects  as  other  city  taxes. 
and  when  co'.lccted  ^hall  (-  n-titute  a  spec'al  fund  for  the  pay- 
ment of  such  bonds  and  interest  and  shall  be  used  for  no  other 
purpose.  Any  bondholder  interested  in  the  particular  district 
may  have  the  same  light  of  redemption  as  any  other  person  un- 
der the  provisions  of  section  1165. 

925  —  239. 

Change  of  system.  SECTION  925  —  239.  "Whenever  any-  city 
shall  have  adopted  a  system  of  sewerage,  and  in  the  opinion  of 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     133 

the  council  such  system  has  proved  insufficient,  inadequate  or 
dangerous  to  the  public  health,  such  council  shall  have  full 
power  to  alter  or  amend  the  same  and  adopt  more  approved 
methods,  and  to  so  change  the  system  as  to  obviate  the  objections 
to  the  existing  system,  either  by  altering  or  modifying  the  same 
or  by  abandoning  it, and  adopting  an  entirely  new  system.  In 
case  the  council  shall  decide  to  amend  its  system  or  adopt  a  new 
one  it  may  proceed  in  the  mode  prescribed  in  this  subchapter  or 
by  the  law  in  pursuance  of  which  such  sewer  or  sewers  were 
constructed  to  make  the  necessary  plans,  surveys,  specifications 
and  estimates,  to  let  contracts  and  assess  the  expense  of  such 
work  upon  the  lots  or  parcels  of  land  thereby  benefited,  or  in  the 
discretion  of  the  council  it  may  cause  the  whole  cost  of  such  con- 
struction, alteration  or  change  to  be  borne  by  the  city,  or  to  cause 
such  portion  of  the  estimated  cost  of  construction,  alteration  or 
change  of  sewers  as  it  shall  designate  to  be  borne  by  the  city 
and  the  balance  to  be  assessed  upon  the  lots  or  parcels  of  land 
which  may  be  benefited.  It  shall  be  lawful  for  any  such  city  to 
issue  its  coupon  bonds  for  an  amount  sufficient  to  cover  the  cost 
of  constructing  any  such  sewers,  which  bonds  may  bear  interest 
at  a  rate  not  exceeding  six  per  cent,  per  annum  and  become  due 
at  such  time  as  the  council  shall  determine,  as  provided  in  this 
subchapter. 

925 — 239a. 

Special  taxes  for  sewers,  vote  on.  SECTION  925 — 239cr. 
The  council  of  any  city  of  the  second  or  third  classes,  whether 
existing  under  this  chapter  or  special  law,  may  levy,  for  a  term 
not  exceeding  five  years,  a,  special  tax  not  exceeding  one-fourth 
of  one  per  cent,  per  annum  upon  all  the  property  taxable  in 
such  city  for  either  of  the  following  purposes : 

1.  For  the  planning,  construction  and  completion  of  a  general 
system  of  sewers  and  drains  or  cither  of  them. 

2.  For   the    planning,   construction   and   completion    of    any 
change  or  reconstruction  of  an  established  system  of  sewers  and 
drains  or  either  of  them ;  or 

3.  For  such  portion  of  the  expense  of  such  planning,  construc- 
tion and  completion  as  said  council  may  not  find  it  lawful  or 
expedient  to  charge'  to  the  particular  property  benefited  thereby 
in  the  manner  provided  by  the  charter  of  such  city  or  by  this 
chapter. 

Before  any  such  tax  shall  be  levied  or  any  contracts  or  obli- 
gations entered  into  in  contemplation  thereof  said  council  shall 
cause  to  be  made  and  prepared  a  plan  and  specifications  for  the 


134     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

improvement  proposed  to  be  made,  together  with  an  estimate  by 
the  city  engineer  or  surveyor,  as  the  case  may  be,  of  the  probable 
cust  of  such  improvement;  and  said  council  shall  adopt  and 
cause,  to  be  published,  together  with  an -abstract  of  the  plan 
aforesaid  and  the  engineer's  estimate  thereon,  in  the  official  city 
paper  a  resolution  submitting  to  the  electors  of  said  city  the 
question  wild  her  a  speeial  sewerage  tax  in  an  amount  and  for  a 
number  of  years  to  be  specified  in  said  resolution,  and  not  ex- 
ceeding the  limits  aforesaid,  shall  be  levied,  and  shall  accompany 
Ka'd  publication  with  a,  notice  that  said  question  will  be  sub- 
mitted to  a  vote  of  Mich  electors  at  a  time  therein  to  be  named. 
Such  vote  shall  he  taken  not  more  than  sixty  nor  less  than 
twenty  days  after  the  publication  of  the  said  plans,  estimate  and 
resolution  in  the  manner'  other  municipal  elections  are  held  in 
such  cities,  and  may  be  held  either  at  the  regular  municipal  elec- 
tion or  at  a  special  election  to  be  held  for  the  purpose,  and  in 
either  ca; -e  the  votes  shall  be  received,  counted  and  canvassed  by 
the  officers  and  in  the  manner  prescribed  for  regular  municipal 
elections.  The  ballots  for  such  election  shall  in  all  cases  be  upon 
a  separate  ticket,  and  shall  read: 


Yes. 

No. 

For  sewerage  lax                 

Said  ballots  shall  be  marked  in  the  manner  prescribed  by  chap- 
ter 5.  If  a  majority  of  all  the  votes  cast  upon  said  question 
shall  be  in  favor  of  such  sewerage  tax  then  the  council  may  ad- 
vert'se  for  bids  and  let  the  contract  for  such  work  to  the  lowest 
bidder  or  bidders,  if  the  lowest  bid  shall  be  deemed  reasonable, 
and  levy  an  annual  tax  not  exceeding  the  amount  and  for  the 
time  authorized  by  the  electors,  which  tax  shall  be  placed  upon 
the  tax  roll  and  collected  in  the  same  manner  as  other  special 
charges.  No  city  shall  contract  to  pay  more  in  any  one  year 
pursuant  to  this  section  than  the  amount  of  the  special  fund 
available  in  such  year;  but  the  proceeds  of  any  such  tax  may  be 
anticipated  by  the  issuance  of  special  sewerage  bonds  in  the 
manner  and  under  the  limitations  prescribed  by  this  chapter, 
and  such  tax  when  collected  may  be  devoted  to  a  special  sewerage 
bond  sinking  fund. 

925 — 239b. 

Curative  provision.       SECTION  925 — 2397;.       In  any  case  in 
which  airy  city  having  power  under  its  charter  as  it  existed  prior 


(J-ENEEAL  CHARTEB  LAW  OF   WISCONSIN.     135 

to  April  12,  1889,  to  construct  sewers  and  provide  for  the  pay- 
ment thereior  shad  have  attempted  to  amend  its  charter  by 
adopting  the  provisions  of  sections  9^5 — 208  to  925 — 239a,  inclu- 
sive, for  the  consti  net  ion  of  sewers,  and  the  proceedings  for  the 
adoption  of  said  sections  shall  be  or  be  claimed  to  be  invalid  by 
ieas: -,u  of  or  on  account  of  irregularities  or  defects  in  the  pro- 
c(  edmiis  lor  such  adoption,  and  such  sewer  or  se\vrers  shall  never- 
ttieless  have  been  actually  constructed  under  such  proceedings, 
the  cm i inion  council  of  any  c.ty  may  charge  the  cost  of  the 
construction  thereof  to  the  various  lots,  pieces  or  parcels  of  land 
abutting  upon  the  street  or  streets  in  which  said  sewer  shall  have 
been  constructed,  to  the  same  extent  a.-;  though  such  sections 
925—208  to  925— 239a,  had  been  legally  adopted. 

925 — 239c. 

Assessments.  SECTION  925 — 239c.  In  case  the  common 
council  of  any  such  city  shall  desire  to  charge  the  cost  of  any 
such  sewer  to  the  abutting  property  as  provided  in  section  925 — • 
32t)b  it  may,  by  an  ordinance  or  resolut.on  to  be  passed  at  any 
regular  meeting  of  said  council,  declare  that  the  cost  of  any 
such  hewer  which  has  so  been  constructed  shall  be  chargeable  to 
1  he  several  lots,  pieces  or  parcels  of  land  abutting  upon  the  street 
or  streets  in  winch  said  sewer  or  sewers  shall  have  been  con- 
structed, and  it  shall  then  be  the  duty  of  the  board  of  public 
works  or  the  council  of  such  city,  if  it  has  no  such  board,  to 
make  an  assessment  against  -all  lots,  parts  of  lots  and  parcels 
of  land  front.ng  or  abutting  on  the  street  or  streets  in  which  any 
such  sewer  shall  have  been  so  constructed  in  the  manner  provided 
by  sections  925 — 208  to  925 — 239a,  inclusive,  which  assessment, 
when  so  made,  shall  be  a  valid  lien  on  each  lot,  piece  or  parcel 
of  land  abutting  on  the  street  or  streets  in  which  any  such  sewer 
shall  have  been  constructed  in  the  same  manner  and  with  like 
effect  as  though  such  sewer  had  been  constructed  under  the  pro- 
visions of  said  sections,  and  shall  be  carried  into  the  general  tax 
roll  assessed  against  each  such  lot,  piece  or  parcel  of  land,  and 
collected  in  the  same  manner  as  general  taxes  are  collected  in 
such  city.  The  cost  of  such  sewer  which  may  be  charged  against 
the  abutting  lands^as  aforesaid  shall  not  include  the  cost  of 
construction  across  street  intersections  nor  of  catch-basins  made 
in  connection  with  such  sewer. 

925 — 239d.     (Ch,   251,    1907.) 

Separate  sewer  district.  SECTION  925 — 239d.  Any  city 
which  is  or  may  hereafter  be  divided  into  separate  sewer  dis- 


136     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

tricts  may  issue  bonds  for  the  construction  of  sewers  in  any 
sewer  district  and  for  the  payment  of  the  principal  and  inter- 
est of  such  bonds,  may  levy  an  annual  tax  again- 1  the  property 
of  such  sewer  district  only,  if  the  common  council  shall  so  deter- 
mine. 

Bond  issue,  (a,)  Such  bonds  may  be  issued  by  the  common 
council  the  same  in  all  re- poets  as  if  said  bonds  were  made  a 
general  city  liability,  except  fhat  no  election  of  the  voters  of  the 
entire  city  shall  in  any  care  be  he'd  to  authorize  the  issue  of 
said  bonds,  but  if  within  thirty  days  after  the  passage,  by  the 
common  council  of  the  city  of  the  ordinance  authorizing  the 
issue  of  bonds  for  such  purpose  and  levying  a  tax  against  the 
property  of  such  sower  district  only,  there  shall  be  filed  in  the 
office  of  the  city  clerk  a  petition  in.  writing  signed  by  not  le?.s 
than  ten  per  cent,  in  number  of  the  voters  in  said  district  who 
voted  therein  at  the  hist  general  state  election,  asking  for  the 
submission  of  the  question  of  issuing  such  bonds  to  a  vote  of 
the  people,  then  such  question  s-hall  be  submitted  as  provided  in 
section  943,  excepting  thai  such  election  shall  be  held  in  the  one 
sewer  district  only. 

Valuation.  (b)  The  ordinance  providing  for  the  issue  of 
such  bonds  shall  recite  the  assessed  valuation  of  the  sewer  dis- 
trict in  addition  to  reciting  the  valuation  of  the  entire  city. 


Chapter  XXI. — Harbors  and  Bridges. 

925 — 240. 

Duty  of  Board  of  public  works.  SECTION  925 — 240.  In 
every  city  governed  by  this  chapter,  where  there  shall  be  any  oc- 
casion for  harbors  or  bridges  or  either,  the  board  of  public 
works,  under  the  direction  of  the  council,  shall  have  charge  01 
the  construction,  repair  and  maintenance  thereof. 

925 — 241. 

Location  and  construction  of.  SECTION  925 — 241.  The 
council  may  determine,  by  ordinance  or  resolution,  the  location 
of  all  harbors  or  bridges  and  the  manner  of  their  construction, 
and  by  ordinance  may  adopt,  fix  and  change,  from  time  to  time, 
dock  lines  along  the  w^ater  fronts  within  the  boundaries  of  such 
city,  conforming  as  near  as  practicable  to  the  original  meander 
lines  and  survey  thereof,  and  require  the  riparian  owners  to 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     137 

build  and  maintain  docks  for  the  protection  of  the  banks  of  such 
stream;  and  upon  the  failure  of  such  owners  to  perform  such 
work  as  directed  the  board  of  public  works  may  cause  such 
work  to  be  done  and  the  expense  therefor  charged  to  the  abutting 
lot  or  lots.  The  mode  of  proceeding  shall  be  similar  to  proceed- 
ings in  the  case  of  building  sidewalks. 

925 — 242. 

Repair  of.  SECTION  925 — 242.  Whenever  the  council  shall 
by  resolution  declare  it  to  be  necessary  to  construct  or  repair 
any  harbor,  dock,  wharf,  breakwater,  channel  or  bridge  it  shall 
be  the  duty  of  the  beard  of  public  works  to  prepare  an  estimate 
of  the  cost  of  such  work  and  file  it  with  the  city  clerk,  who  shall 
submit  the  same  to  the  council;  thereupon  the  council  may  by 
resolution  direct  the  work  to  be  done.  It  shall  then,  be  the  duty 
of  the  board  of  public  works  to  advertise  for  bids  for  doing  the 
work  and  furnishing  the  material,  the  same  as  in  the  case  of 
work  to  be  done  and  materials  furnished  in  the  construction  of 
streets,  and  they  may  receive  bids  and  award  contracts  to  the 
lowest  bidder  or  bidders  in  the  same  manner  as  in  the  construc- 
tion of  streets.  The  work  contracted  to  be  done,  when  finished, 
fjhall  be  accepted  by  said  board  before  final  payment  shall  be 
made  to  the  contractor  or  contractors.  The  contract  may  pro- 
vide fo<r  the  payment  of  not  more  than  eighty  per  cent,  of  the 
cost  of  the  work  upon  estimates  of  the  city  engineer  or  city  sur- 
veyor as  the  work  proceeds,  and  at  least  twenty  per  cent,  of  the 
cost  shall  be  retained  until  the  work  shall  have  been  so  accepted. 

925—243. 

Separate  accounts.  SECTION  925 — 243.  In  all  cities  where 
harbors  or  bridges  or  either  shall  be  or  shall  have  been  con 
structed,  or  where  any  contract  for  the  construction,  repair  or 
maintenance  thereof  shall  have  been  made,  it  shall  be  the  duty 
of  the  treasurer  to  open  and  keep  a  separate  account  of  the  re- 
ceipts and  disbursements  on  account  of  bridges,  amj  another,  if 
need  be,  on  account  of  harbors,  docks,  wharves  and  the  like,  to 
be  called,  respectively,  "bridge  account"  and  "harbor  account;" 
and  where  such  bridges  or  harbors  or  either  are  required  it  shall 
be  the  duty  of  the  council  to  make  annual  estimates  of  the  money 
necessary  to  be  raised  for  such  work  and  the  maintenance  and 
repair  of  the  same,  and  to  provide  by  taxation  or  loan  the  neces- 
sary funds  therefor  as  in  the  case  of  other  public  works.  The 
bridge  and  the  harbor  account  shall  each  be  one  of  the  accounts 
of  the  general  fund,  but  moneys  raised  on  account  of  either  shall 


138     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

not  be  applied  nor  be'  deemed  applicable  to  the  payment  of  any 
other  expense  or  expenses,  nor  shall  the  same  or  any  portion 
thereof  be  credited  to  any  other  account  unless  a  resolution  for 
that  purpose  shall  be  passed  by  the  council  by  a  majority  of  two- 
thirds  of  all  the  members  thereof,  and  approved  by  the  comp- 
troller and  commissioners  of  the  public  debt,  if  any,  or  a  major- 
ity of  said  commissioners. 

925 — 244. 

Assessment  of  benefits.  SECTION  925 — 244.  No  special 
assessments  for  benefits  shall  be  made  on  account  of  any  bridge, 
harbor,  dock  or  wharf  or  any  such  improvement,  except  as  herein 
otherwise  provided,  unless  Ihe  owners  of  property  benefited 
thereby  shall  consent,  in  advance  to  the  levying  of  such  assess- 
ments as  provided  in  the  next  section. 

925 — 245. 

When  allowed.  SUCTION  925 — 245.  Whenever  the  owners 
of  land  IxMietitted  by  any  proposed  bridge,  harbor,  dock  or 
wrharf  shall  by  petition  to  the  council  pray  for  the  construction 
thereof  and  shall  in  and  by  the  terms  of  such  petition,  consent 
that  their  land,  describing  it,  shall  be  assessed  for  benefits  by 
reason  of  such  improvement  (the  percentage  on  the  assessed 
valuation  of  such  land  to  be  assessed  being  designated  in  said 
petition),  and  such  improvement  shall  be  made  and  accepted 
within  the  time  designated  in  such  petition,  it  shall  be  the  duty 
of  the  comptroller  to  prepare  a  statement  of  assessments  made 
pursuant  to  the  consent  contained  in  such  petition  and  report 
the  same  to  the  city  clerk,  and  the  clerk  shall  thereupon  levy 
said  assessments  as  special  taxes  upon  the  lands  designated  in 
said  statement,  in  a  separate  column  in  the  city  tax  roll  for  the 
current  year,  and  such  taxes  shall  be  collected  and  paid  into  the 
city  treasury  and  credited  to  the  account  iof  the  proper  fund  the 
same  as  other  taxes. 

925 — 246. 

Repairs  of  docks,  etc.  SECTION  925 — 246.  In  cases  where 
it  may  be  urgently  necessary,  for  the  preservation  of  property,  to 
make  any  repairs  upon  any  bridge,  dock  or  wharf,  not  to  exceed 
two  hundred  dollars  in  expense,  it  shall  be  the  duty  iof  the  board 
of  public  works,  with  the  consent  of  the  mayor  and  comptroller, 
to  make  such  repairs  without  the  intervention  of  a  contract,  and 
report  the  same  as  soon  as  may  be  to  the  council,  whereupon 
that  body  shall  make. provision  by  taxation,  loan  or  appropria- 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     139 

tion  of  funds  available  for  that  purpose  to  meet  the  expense  of 
such  repairs. 

925 — 247. 

Contracts  for  dredging.  SECTION  925 — 247.  Whenever  it 
shall  be  necessary  for  the  com  1  met  ion  or  maintenance  of  a  har- 
bor that  any  lake,  bay,  slough,  pond,  river  or  creek  shall  be 
dredged  or  otherwise  deepened  the  board  of  public  works,  by 
dii-erli.cn  oi  the  council,  may  let  contracts  for  such  dredging  to 
the  lowest  bidder  as  in  the  ease  of  other  public  works,  or  the  city 
may  purchase  and  maintain  for  its  use  the  necessary  dredges 
and  other  apparatus  for  such  work  and  provide  funds  for  the 
purchase,  use  and  maintenance  of  such  apparatus  by  appropria- 
tions made  from  the  general  fund,  to  be  charged  to  the  harfoor 
account,  the  money  for  that  purpose  to  be  raised  by  taxation  or 
loan  a,s  other  moneys  in  the  general  fund  are  raised;  and  the 
board  of  public  works.,  under  the  direction  of  the  council,  shall 
have  the  control  and  management  of  such  apparatus  and  em- 
ploy such  men  and  purchase  such  supplies  as  may  be  necessary 
in  the  management  thereof,  and  the  cost  of  such  labor  and  sup- 
plies shall  be  paid  for  upon  certificates  of  said  board,  counter- 
>;iuned  by  the  comptroller,  out  of  the  general  fund  and  charged 
to  the  harbor  account. 

925 — 248. 

Erection  of  breakwater;  assessments.  SECTION  925 — 
24S.  In  rase  it  shall  be  nere-sary  to  protect  any  land  from  be- 
ing washed  away  by  any  lake,  river  or  /other  water  the  council 
may  by  ordinance  provide  for  the  protection  of  such  land  by  a 
wall  or  dock  breakwater,  to  be  constructed  as  it  may  prescribe, 
and  may  direct  the  board  of  public  works  to  make  an  assessment 
of  the  benefits  accruing  to  the  land  so  protected  and  other  lands 
benefitted  by  such  wall.  The  boundaries  of  assessment  districts 
shall  be  fixed  and  determined  by  the  council.  The  cost  of  sucfi 
protection  shall  be  raised  as  follows :  One-half  thereof,  or  such 
lessor  proportion  as  the  council  shall  direct  and  orcler,  shall  be 
paid  out  of  the  general  fund  or  out  of  a  special  fund  to  be 
raised  for  the  purpose,  and  the  balance  shall  be  levied  and  raised 
by  the  assessment  of  special  benefits  upon  the  real  estate  within 
the  boundaries  of  the  proper  assessment  district.  The  entire 
cost  of  protecting  public  grounds  and  the  ends  of  streets  shall 
be  borne  by  the  city.  Such  assessments  shall  be  made,  corrected, 
reported  to  the  council  and  confirmed  thereby  the  same  as  assess- 
ments for  other  public  works,  and  certificates  or  improvement 


140     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

bonds  may  be  issued  thereon  in  the  same  manner  and  with  like 
effect  as  in  the  case  of  other  public  works.  An  appeal  to  the 
circuit  court  may  be  taken  from  any  such  assessment,  upon  like 
notice  and  security,  witii'n  tho  same  time  and  with  like  effect  as 
in  the  case  of  other  public  works,  and  like  proceedings 'shall  be 
had  thereon. 

925 — 248a. 

Harbors;  change  of  boundaries;  assessments.  SECTION 
925 — 248a.  Any  city  may,  at  its  option,  in  lieu  of  proceedings 
under  sections  925 — 240  to  925 — 248  inclusive,  have  the  power 
to  construct,  repair,  improve  and  maintain  any  harbor  within  or 
of  the  city,  so  as  to  make  it  navigable  and  available  for  the  lar- 
gest class  of  vessels,  by  dredging  channels  and  slips,  building 
docks,  dykes,  wharves,  piers  and  breakwaters  or  by  such  other 
plan  of  improvement  as  the  cmincil  may  prescribe  and  adopt; 
and  when  any  such  improvement  shall  have  been  ordered  the 
board  of  public  works  shall  make^an  assessment  of  the  benefits 
accruing  to  the  lands  benefited  thereby.  In  order  to  facilitate 
the  improvement  <  f  any  harbor  or  any  portion  thereof  the  coun- 
cil may,  by  ordinance,  establish  harbor  districts,  to  be  numbered 
from  one  upwards,  along  the  bays,  rivers,  creeks,  sloughs,  slips 
and  pockets  lying  wholly  or  in  part  within  the  city,  each  of 
which  districts  shall  contain  such  area  and  embrace  such  lands 
and  territory  to  be  improved  and  benefited  as  the  council  may 
by  such  ordinance  prescribe  and  determine ;  and  after  the  forma- 
tion of  any  district  the  cost  of  any  improvement  made  within  it 
shall  be  assessed  to  the  property  therein  according  to  the  bene- 
fits accruing  to  such  property  by  reason  of  such  improvement. 
The  council  may  at  any  time,  by  a  vote  of  three-fourths  of  all 
its  members  elect,  vacate,  alter  or  change  the  boundaries  of  any 
harbor  district  or  consolidate  or  re-arrange  the  harbor  districts; 
provided,  that  before  any  district  shall  be  established,  altered 
or  vacated  the  notice  required  to  be  given  in  the  establishment 
of  sewerage  districts  under -section  925 — 210  shall  first  be  given, 
and  sections  925 — 209  to  925 — 212  inclusive  are  hereby  made 
applicable  to  the  establishment,  alteration  and  vacation  of  har- 
bor districts.  In  case  it  shall  be  necessary  to  dredge  any  chan- 
nel or  make  any  other  improvement  outside  of  any  dock  lines 
or  harbor  districts  the  cost  thereof  shall  be  assessed  as  benefits 
against  the  platted  property  or  subdivisions  of  land  nearest  to 
or  benefited  by  such  improvement.  Assessments  for  harbor  im- 
provements shall  be  made,  corrected  and  reported  to  the  council 
as  assessments  for  street  improvements,  and  certificates  or  im- 


GENERAL   CHARTER  LAW  OF -WISCONSIN.     141 

r^ 

provement  bonds  may  be  issued  thereon  and  collected  in  the 
manner  and  with  like  effect  as  in  the  case  of  street  improve- 
ments, and  all  provisions  contained  in  this  chapter  relating  to 
special  assessments  and  proceedings  and  special  improvement 
bonds  in  the  case  of  street  improvements  are  hereby  made  ap- 
plicable. The  council  may  provide  that  a  sum  not  exceeding 
I  en  per  cent,  of  the  amount  of  any  assessment  for  the  benefits 
shall  be  added  as  an  additional  assessment  of  benefits  to  cover  the 
co4  of  engineering,  superintending  and  all  other  necessary 
charges  upon  the  city  by  reason  of  such  improvements;  provided, 
that  the  whole  nun  assessed  shall  not  exceed  the  benefits.  They 
may  also  provide  that  any  portion  of  the  entire  amount  of  any 
sum  assessed  'as  benefits  shall  be  collected  and  in  the  treasury 
before  any  work'  shall  be  done  or  improvement  made  under  this 
subchapter.  Like  remedies,  appeals  and  limitations  as  in  the 
case  of  street  improvements  may  be  taken  and  are  applicable. 

925 — 248b. 

Condemnation.  SECTION  925 — 2486.  Any  city  may  exer- 
cise the  right  and  power  to  condemn  any  lands,  whether  sub- 
merged or  not,  that  may  be  necessary  for  the  improvement  of 
any  harbor,  and  to  that  end  may  exercise  all  the  powers  granted 
by  sections  925 — 154  to  925 — 171  inclusive  and  in  the  manner 
therein  provided. 


Chapter  XXII. — Miscellaneous. 

925 — 249. 

Ineligibility  to  office.  SECTION  925 — 249.  No  member  of 
Ilie  council  shall,  during  the  term  for  which  he  is  elected,  be 
eligible  to  any  other  municipal  office  except  the  office  of  mayor, 
existing  a-t  the  time  of  his  election  or  created  by  the  council 
subsequent  thereto. 

925^-250. 

Charters  repealed.  SECTION  925 — 250.  The  adoption  of 
this  chapter  by  any  city  now  .organized  shall  repeal  the  existing 
charter  provisions  of  such  city,  except  as  to  the  special  pro- 
visions relating  to  time,  manner,  sale  and  place  of  sale  of  in- 
toxicating liquors  or  the  amount  of  license  fee  which  may  be  ex- 
acted therefor,  and  except  such  acts  -or  parts  of  acts  as  may  be 
specially  retained  by  the  provisions  of  this  chapter, 


142      GENERAL   CHARTER  LAW  OF  WISCONSIN. 

925 — 251. 

What  laws  not  affected.  SECTION  925—251.  The  adop- 
tion of  this  chapter  by  any  city  shall  not  be  deemed  to  repeal  or 
modify  chapter  ;I78  of  the  laws  of  1885,  entitled  "An  act  in  rela- 
tion to  the  police  force  and  fire  department  of  the  city  of 
Milwaukee,"  nor  any  acts  amendatory  thereof,  nor  any  act  01 
part  of  an  act  limiting  the  amount  of  the  public  debt  of  any 
city  or  its'  proportion  to  the  taxable  property  thereof  or  the 
amount  or  rate  of  taxation  in  any  city  of  the  first  class;  but 
said  acts  and  said  provisions  shall  remain  in  force  in  the  cities 
to  which  they  relate  and  to  which  they  are  applicable  the  same 
as  if  this  chapter  had  not  been  passed  or  had  not  been  adopted 
by  such  city  or  cities.. 

925 — 252. 

Inhabitants  not  disqualified.  SECTION  925 — 252.  No  per- 
son shall  be  incompetent  to  act  as  judge,  justice  of  the  peace, 
witness  or  juror,  by  reason  of  his  being  an  inhabitant  of  any  city, 
in  any  action  or  proceeding  in  which  the  city  shall  be  a  party 
in  interest. 

925^253. 

General  laws  in  force.  SECTION  925 — 253.  The  general 
laws  f<:r  the  government  of  cities,  villages  and  towns,  the  assess- 
ment and  collection  of  taxes,  the  preservation  of  public  and  pri- 
vate property,  highways,  roads  and  bridges,  the  punishment  of 
offenders,  the  collection  of  penalties  and  the  manner  of  con- 
duct ing  elections  shall  be  in  force  in  all  cities  .organized  under 
the  provisions  of  this  chapter  except  as  otherwise  herein  pro- 
vided. 

925 — 254. 

Application  of  criminal  laws.  SECTION  925—254.  The 
general  laws  for  the  punishment  of  bribery,  misdemeanors  and 
(•(irruption  in  office  shall  be  in  force  and  shall  apply  to  all  offi- 
cers elected  or  appointed  under  the  provisions  of  this  chapter. 

925 — 255. 

Officers  not  to  be  concerned  in  contracts.  SECTION  925 — 
255.  No  city  officer  shall  be  interested,  directly  or  indirectly,  in 
any  improvement  or  contract  to  which  the  city  is  a  party,  and 
whenever  it  shall  appear  that  such  is  the  case  such  contract 
shall  be  absolutely  void  and  the  city  shall  incur  no  liability 


GENERAL   CHARTER  LAW  OF  WISCONSIN.      143 

whatever  thereon.     No  city   officer  shall   )><•  accepted   as  surety 
on  any  1>>  ml,  contract  or  other  obligation  made  to  the  city. 

925 — 256. 

Private  property — Garnishee.  SECTION  925 — 256.  No  real 
or  personal  property  of  any  inhabitant  of  a  city  or  of  any  cor- 
poration therein  shall  be  levied  on  or  sold  by  virtue  of  an  at- 
tachment or  execution  issued  to  satisfy  any  contract,  debt  or 
obligation  of  said  city,  or  for  any  judgment  against  it,  nor  shall 
any  person  or  corporation  be  held  liable  as  garnishee  of  said  city- 

925 — 257. 

Forms.  SECTION  925 — 257.  The  use  of  any  forms  prescribed 
by  the  statutes  of  this  state,  as  far  as  the  same  are  applicable, 
shall  be  as  legal  and  of  the  same  force  and  effect  as  the  use  of 
the  forms  prescribed  by  this  chapter. 

925 — 258. 

Reconsideration  of  claims.  SECTION  925 — 258.  In  case 
any  person  shall  present  his  claim  or  demand  against  any  city  or- 
ganized under  the  provisions  of  this  chapter  and  the  council 
shall  disallow  such  claim  in  whole  or  in  part  it  shall  not  again 
consider  or  allow  such  claim. 

925 — 259.     (Ch,  272,  1901.) 

City  marshal.  SECTION  925 — 259.  The  city  marshal  shall 
be  known  as  such  or  as  captain  or  chief  of  police,  in  the  discre- 
fion  of  the  council,  and  shall  have  command  of  the  police  force 
of  the  city  under  the  direction  of  the  mayor.  He  shall  give  a 
bond  similar  in  form  to  that  required  by  law  of  constables.  He 
shall  possess  the  powers,  enjoy  the  privileges  and  be  subject  to 
the  liabilities  conferred  and  imposed  by  law  upon  constables, 
and  be  taken  as  included  in  all  writs  and  papers  addressed  to 
•constables.  It  shall  be  his  duty  to  obey  all  lawful  written  or- 
ders of  the  mayor  or  common  council ;  to  arrest  with  or  without 
process,  and  with  reasonable  diligence  to  take  before  the  police 
justice  every  person  found  in  the  city  in  a  state  of  intoxication 
or  engaged  in  any  disturbance  of  the  peace  or  violating  any  law 
of  the  state  or  ordinance  of  such  city.  He  may  command  all 
persons  present  in  such  case  to  assist  him  therein,  and  if  any 
person,  being  so  commanded,  shall  refuse  or  neglect  to  render 
such  assistance  he  shall  forfeit  not  exceeding  ten  dollars.  He 
shall  be  entitled  to  the  same  fees  allowed  to  constables  for  simi- 
lar services;  for  other  services  i  en  tiered  the  city  such  compel!-? 
station  as  the  common  council  shall  fix. 


144     GENERAL  CHARTER  LAW  OP  WISCONSIN. 

925'— 260. 

Attorney's  opinions.  SECTION  925 — 260.  The  opinions  of 
the  city  attorney  shall  be  filed  with  the  city  clerk  and  recorded 
in  a  hook  to  he  kept  for  that  purpose. 

925 — 261. 

Ordinance  books;  proof  of  ordinance.  SECTION  925 — 261. 
The  city  clerk  shall  keep  a  hook  to  he  known  as  an  "ordinance 
book,"  in  which  he  shall  enter  at  length,  immediately  after  its 
passage,  in  a  plain  and  distinct  hand-writing,  every  ordinance 
adopted  by  the  council  and  append  thereto  a  note  giving  the 
date  of  its  passage,  page  of  the  journal  containing  the  record 
of  the  final  vote  upon  its  passage,  the  name  of  the  newspaper 
in  which  said  ordinance  was  published  and  the  date  and  proof 
of  its  publication.  Any  ordinance  may  be  proved  by  the  certi- 
ficate of  the  clerk,  under  seal  of  the  oily,  and  when  printed  or 
published  in  pamphlet  form  and  purporting  to  be  published  by- 
the  authority  of  the  city  shall  be  read  and  received  in  all 
courts  and  places  as  evidences  of  its  adoption. 

925 — 263. 

Existing  ordinances  in  force.  SECTION  925 — 263.  When- 
ever a  city  or  village  shall  be  incorporated  under  the  provisions 
of  this  chapter  the  ordinances  in  force  there!  n  at  the  time  of 
such  incorporation  shall  continue  to  be  in  force  and  be  the  ordi- 
nances of  such  new  corporation  so  far  as  the  same  are  not  in- 
consistent with  the  provisions  of  this  chapter,  until  amended. 
altered  or  repealed. 

925—264. 

Duties  of  officers.  SECTION  925—264.  In  case  of  the  fail-. 
lire  to  prescribe  the  duties  of  any  officer  elected  or  appointed 
under  the  provisions  of  this  chapter,  the  provisions  of  these  stat- 
utes, so  far  as  the  same  are  applicable,  shall  be  deemed  and 
taken  to  be  the  guide  in  determining  the  duties  of  such  officer. 

925 — 265. 

Rewards.  SECTION  925 — 625.  When  any  heinous  offense 
or  crime  has  been  committed  against  life  or  property  within  any 
such  city  the  mayor,  with  the  consent  of  a  majority  of  the  al- 
dermen, may  offer  a  reward  for  the  apprehension  of  the  crim- 
inal or  perpetrator  of  such  offense. 

925 — 266. 

No  exemption  from  assessments.  SECTION  925 — 266.  No 
lot  or  parcel  of  land  in  any  city  shall  be  exempted  from  the 


GENERAL   CHARTER  LAW  OF  WISCONSIN.     145 

payment  of  its  portion  of  any  tax  for  the  improvement  of 
streets  or  the  building1  or  repairing  of  sidewalks  upon  which 
su<'h  lots  or  parcels  of  land  may  border,  excepting  only  property 
belonging  to  the  United  States  or  this  state. 

925 — 268. 

Canvass  of  votes.  SECTION  925 — 268.  The  council  of  each 
city  shall  meet,  on  or  before  the  second  Tuesday  of  April  in 
each  year,  and  proceed  to  canvass  and  declare  the  result  of  the 
annual  municipal  election. 

925 — 269.      (Ch.  102,  1903.) 

Jurisdiction  of  justices,  constables,  etc.,  in  city  in  two 
or  more  cotmties.  SECTION  925 — 269.  In  all  cities  organized 
under  this  chapter  or  which  shall  adopt  any  part  thereof, 
whoso  territory  shall  lie  in  more  than  one  county,  the  following 
provisions  shall  apply  when  adopted  by  the  council  of  any  such 
cily  in  the  manner  prescribed  in  and  by  section  926: 

1.  All  justices  of  the  peace  and  police  justices  shall,  before 
entering  upon  the  duties  of  their  offices,  take  and  subscribe  as 
many  oaths  of  office  and  execute  as  many  official  bonds  as  there 
are  parts  of  counties  within  said  city,  which  bonds  shall  have 
two  or  more  sufficient  sureties,  to  be  approved  by  the  mayor, 
and  shall  be  in  the  form  provided  by  the  statutes ;  the  approval 
of  the  sureties  shall  be  endorsed  upon  such  bonds,  and  the  said 
justices  of  the  peace  and  police  justices  shall  cause  one  of  such 
bonds,  together  with  their  oath  of  office,  to  be  filed  in  the  office 
of  the  clerk  of  the  c'rcuit  court  of  each  of  said  counties,  and  a 
copy  of  said  bond,  duly  certified  by  either  of  said  clerks,  shall 
be  prim  a  facie  evidence  of  the  contents  and  execution  thereof. 
Bach  of  said  justices  of  the  peace  and  police  justices  shall  have 
jurisdiction  both  civil  and  criminal  co-extensive  with  the  limits 
of  each  of  the  counties  in  which  said  city  or  any  part  of  it  is 
situated,  and  ma.y  issue  process  and  do  all  things  in  either  of 
said  counties  that  any  just'ce  of  the  peace  of  siich  county  may 
lawfully  do.  Each  of  said  justices  of  the  peace  and  police 
justices  shall  keep  and  hold  his  office  within  the  corporate  lim- 
its of  said  eitv,  irrespective  of  the  ward  in  which  he  shall  re- 
side; prov:ded,  that  in  case  of  appeal  or  certiorari  in  civil  cases 
the  papers  shall  be  transmitted  to  the  circuit  court  of  either 
of  said  counties  in  which  said  iustice  has  jurisdiction,  the  cir- 
cuit court  first  obtaining  jurisdiction  of  such  appeal  to  retain 
such  jurisdiction  to  the  exclusion  of  the  other  circuit  court, 
unless  there  be  a  county  court  having  civil  jurisdiction,  and 
10 


146      GENERAL   CHARTER    LAW   OF    WISCONSIN. 

then  to  the  county  court  of  the  county  in  which  such  action 
was  tried;  and  provided  further,  that  in  case  of  an  appeal  in 
criminal  cases  or  in  examinations  in  which  the  justice  has  not 
final  jurisdiction  the  papers  shall  be  transmitted  to  the  circuit 
court  of  the  county  in  which  the  offense  is  charged  to  have 
been  'committed;  and  all  commitments  in  criminal  cases  shall 
be  made  to  the  common  jail  of  such  county,  except  commit- 
ments for  violations  of  a  city  ordinance;  and  provided  further. 
in  all  cases,  if  a  cause  shall  be  removed  from  the  justice  before 
whom  the  same  was  commenced,  the  papers  shall  be  transmits 
ted  to  the  nearest  justice  in  said  city,  if  he  be  competent  to  try 
the  cause,  but  if  there  shall  be  no  such  justice,  or  if  he  be  absent 
or  sick,  the  papers  shall,  in  civil  cases,  be  transmitted  to  the 
nearest  justice  of  the  peace  of  the  county  in  which  the  defend- 
ants or  either  of  them  was  served  with  process,  and  in  crim- 
inal cases  they  shall  be  transmitted  to  the  nearest  justice  of  the 
peace  of  the  county  in  which  the  offense  was  charged  to  have 
been  committed,  and  such  nearest  justice  may  hear,  try  and  de- 
termine the  same;  the  said  just  'res  of  the  peace  and  police  jus- 
tices shall  perform  the  same  duties,  receive  the  same  fees,  and 
be  liable  to  the  same  penalties  as  other  justices  of  the  peace. 
"When  execution  shall  be  issued  by  either  of  said  justices  of  the 
peace  or  police  justices  in  actions  of  tort,  and  the  defendant 
shall  be  imprisoned  thereon,  he  shall  be  committed  to  and  im- 
prisoned in  the  jail  of  the  county  in  which  the  cause  was  tried. 
2.  In  all  cases  of  the  adjournment  of  any  criminal  case  or 
examination  or  of  a  case  brought  for  the  violation  or  non-ob- 
servance of  any  ordinance,  in  default  of  giving  the  recogniz- 
ance provided  by  law  the  accused  may  be  put  in  charge  of  an 
officer  or  committed  to  the  police  station  or  lock-up  of  said 
city  or  to  the  jail  of  the  county  in  which  the  offense  is  charged 
to  'have  been  committed.  All  commitments  or  executions  upon 
judgments  for  violations  of  ordinances  shall  be  directed  to  the 
keeper  of  the  jail  of  the  county  in  wh:ch  the  ward  is  situated 
where  the  action  shall  have  been  tried  in  which  such  execution 
or  commitment  is  issued,  and  such  keeper  is  hereby  required  to 
receive  and  keep  in  custody  all  such  persons  so  committed  un- 
til they  be  discharged  by  due  course  of  law  or  by  payment  of 
the  penalty  and  costs,  including  all  subsequent  costs  and  ex- 
penses made  thereon.  And  for  all  such  purposes  said  city  shall 
have  the  use  of  the  jails  of  the  counties  in  which  it  or  any  part 
of  it  is  situated  for  the  imprisonment  of  all  persons  liable  to  be 
imprisoned ;  and  all  persons  committed  to  either  of  said  jails 
shall  be  under  the  charge  of  the  sheriff  of  the  county  to  which 
they  may  be  sent. 


GENERAL  CHARTER  LAW  OF  WISCONSIN.      147 

3.  In  all  actions  triable  by  jury,  brought  before  either  of  said 
justices  of  the  peace  or  police  justices,  when  a  jury  shall  have 
IK 'en    duly    demanded  the   proper  officer   shall   make    a   list   of 
eighteen  persons  who  shall  be   qualified  to  serve    as   jurors   in 
cc-urts  of  record  in  either  of  said  counties  in  which  said  city  or 
any  part  of  it  is  situated,   and  the  jury  shall  be  struck  and 
summoned  as  provided  by  law;  and  talesmen,  if  any  be  needed, 
may  be  summoned  from  either  of  said  counties. 

4.  The  chief  of  police,  policemen,  city  marshal  and  his  depu- 
ties  shall  possess  all  the  powers  and  enjoy  all  the  rights  of  a 
constable  in  either  of  the  counties  in  which  said  city  or  any 
part  of  it  is  situated,  and  shall  be  subject  to  the  same  liabilities; 
he  may  serve  and  return  summonses,   attachments,  executions, 
warrants,  commitments  and  all  other  writs  issued  by  any  jus- 
tice of  the   peace  in   either   of   said   counties,    and    his   return 
thereon   shall   be   evidence   of   the   service  thereof.       And   any 
process  issued  by  any  justice  of  the  peace  of  either  of  said 
counties,  directed  to  the  ^sheriff  or  any  constable  thereof,  may 
be  served  by  said  chief  of  police,  policemen,  city  marshal  or  his 
deputies;  and  any  such  process  properly  served  and  returned 
by  him  shall  be  valid. 

925 — 270.     (Ch.  673,  1907.) 
Cities,  2nd,  3rd.  4th  class:  sewer  or  drainage  districts. 

SECETION  925 — 270.  The  common  council  of  any  city  of  the 
second,  third  or  fourth  class,  whether  existing  under  the  general 
charter  law  or  special  charter,  may,  'by  ordinance  divide  such 
city  into  surface  or  storm  water  sewer  or  drainage  districts. 

925—271.      (Ch.  673,  1907.) 

Drains:  construction;  plans;  damages,  benefits,  expense. 
SUCTION  925 — 271.  Whenever  the  common  council  of  any  such 
city  shall  deem  it  exped:ent  or  necessary  for  the  public  health 
or-  for  other  reasons  to  cause  to  be  constructed  surface  or  storm 
water  siewers  or  drains  in  any  portion  of  such  city  and  at  the 
expense  of  the  property  benefited  they  shall  make  an  order 
that  the  board  of  public  works  or  if  there  be  no  such  board,  the 
officer  or  officers  designated  to  discharge  its  duties1,  to  prepare 
and  report  plans  and  specifications  for  the  improvement  proposed 
to  be  made  and  the  entire  costs  of  the  contemplated  improvement : 
to  view  the  premises  affected  by  the  proposed  improvement  and 
determine  the  damages  and  benefits  which  will  accrue  to  each 
parcel  of  real  estate  thereby  and  the  amount  that  should  be  as- 
sessed to  each  parcel  of  real  estate  as  benefits  or  damages  ac- 
cruing thereto  by  such  contemplated  work  or  improvement. 


US      GUNKRAL   CHARTER   LAW  OF   WISCONSIN. 

925 — 272.      (Ch.  673,  1907.) 

Report.  SECTION  1)25 — '21'2.  Report. — Said  board  shall 
make  and  file  in  their  office  or  if  there  be  no  Such  hoard,  the  officer 
or  officers  designated  to  discharge  its  duties,  shall  file  in  the 
office  of  the  city  clerk  a  report,  showing  their  or  h's  determina- 
tion on  the  question  required  to  be  considered  by  them  or  him 
under  the  provisions  of  the  preceding  section. 

925 — 273.      (Ch.  673,  1907.) 

Assessment  of  damages:  report;  notices;  hearing.  SEC- 
TION 925 — 273.  Xc/tice  of  assessment  of  damages;  final  report. 
Notice  shall  be  given  by  the  board  of  public  works  or  the  officer 
or  officers  designated  to  discharge  the  duties  of  such  board  by 
publication  in  the  official  newspaper  of  the  city  at  least  once  in 
each  week  for  two  successive  weeks.  That  such  report  is  open 
for  review  at  his  or  their  office  and  will  be  so  continued  for  the 
spare  of  twenty  days  after  the  date  o-f  such  notice;  and  that 
on  a  day  mimed  therein,  which  shall  not  be  more  than  three  days 
after  the  expiration  of  said  Iwenty  days,  said  board,  officer  or 
officers  designated  as  aforesaid  will  be  in  session  to  hear  all  ob- 
jections thai  may  be  made  to  such  report.  No  irregularities  in 
the  form  .of  such  report  nor  of  said  notice  shall  affect  its  validity 
if  it  fairly  contains  the  information  required  to  be  conveyed 
thereby..  At  the  time  specified  for  hearing  objections  to  said  re- 
port said  boa i-d,  officer  or  officers  designated  as  aforesaid  shall 
hear  all  parlies  interested  who  may  appear  for  that  purpose, 
reduce  to  writing  all  objections  that  may  be  made  and  all  evi- 
dence that  may  be  offered  to  sustain  the  same,  and  may  review, 
modify  and  correct  said  report  >as  they  deem  just;  and  thereupon 
a,  complete  and  final  report  shall  bo  made  and  filed  by  said  board, 
officer  or  officers  designated  as  aforesaid  with  the  city  clerk  to- 
gether  with  all  objections  and  evidence  taken  before  them  to 
sustain  the  same  and  proof  of  publication  of  said  notice;  but 
no  irregularity  in  the  form  of  said  report  or  manner  of  con- 
ducting the  proceedings  by  said  board,  officer  or  officers  desig- 
nated as  aforesaid  shall  affect  the  legality  of  said  report.  At 
such  hearing  any  member  of  the  board,  officer  or  officers  desig- 
nated as  aforesaid  may  administer  such  oaths  as  may  be  neces- 
sary in  conducting  iti 

925 — 274.      (Ch.  673,  1907.) 

Hearing  before  council;  notice.  SECTION  925 — 274.  Ac- 
tion on  report.  The  city  clerk  shall  publish  a  notice  in  the 
official  paper  at  least  twice,  that  said  report  is  on  file  in  his 


GENERAL  CHARTER  LAW  OF  WISCONSIN.    149 

office  and  that  the  common  council  will,  at  a  meeting  to  be  held 
at  the  time  stated  in  tin-  notice,  consider  the  said  report  and  . 
hear  all  objections  which  may  be  made  thereto  and  determine 
what  portion  of  the  costs  of  the  improvement,  if  any  shall  be 
paid  by  the  city  at  large.  At  least  two  weeks  shall  intervene 
between  the  first  publication  of  such  notice  and  the  said  hear- 
ing. The  council,  at  .such  meeting  or  at  an  adjourned  meeting 
or  at  the  next  subsequent  regular  meeting  or  any  adjournment 
thereof,  may  confirm,  correct  or  modify  such  report  or  refer  it 
back  to  the  said  board,  officer  or  officers  designated  as  aforesaid 
for  further  consideration. 

925 — 275.     (Oh.  673,  1907.) 

Council's  determination.  SECTION  925 — 275.  Assessment 
benefits.  Subject  to  the  limitations  hereinbefore  mentioned  the 
council  may  determine  the  amount  to  be  paid  by. the  real  estate 
as  benefits  on  account  of  the  proposed  improvement  and  the 
amount  that  shall  be  paid  by  the  city  at  large  if  any. 

925 — 276.     (Ch.  673,  1907.) 

Final  determination:  notice.  SECTION  925 — 276.  Notice 
of  final  determination.  When  a  final  determination  shall  have 
been  reached  by  the  council  the  city  clerk  shall  publish  notice 
in  the  official  paper  of  the  city  once  in  each  week  for  two  suc- 
cessive weeks  that  a  final  determination  has  been  made  of  the 
benefits  and  damages,  if  any,  to  be  assessed  to  the  several  pieces 
of  real  estate  affected  by.  the  proposed  improvement  and  that 
the  same  is  on  file  in  his  office  and  open  to  inspection. 

925 — 277.     (Ch.  673,  1907.) 

Appeal;  contracts  not  affected.  SECTION  925 — 277.  Rem- 
edy of  land  owner.  If  the  owner  of  any  parcel  of  land  affected 
by  said  improvement  feels  himself  aggrieved  by  reason  of  the 
determination  made  by  the  council,  he  may,  within  twenty  days 
after  the  date  of  such  determination,  appeal  therefrom  to  the 
circuit  court  and  such  appeal  shall  be  taken,  tried  and  deter- 
mined and  bonds  for  costs  shall  be  given  and  costs  awarded  in 
like  manner  as  in  case  of  appeals  from  the  disallowance  of  claims 
under  chapter  40a  of  the  statutes;  provided  that  in  case  any 
contract  shall  have  been  made  for  making  the  improvements  said 
appeal  shall  not  affect  >aid  contract  but  a  certificate  against  the 
l<,'t  in  question  for  the  amount  of  benefit-;  assessed  to  such  .lot 
sh.nl  1  be  issued  notwithstanding  such  appeal  and  in  ease  the  ap- 
pellant shall  succeed  tin*  difference  between  Ihe  amount  charged 


150     GENERAL  CHARTER  LAW  OP  WISCONSIN.    , 

in  the  certificate  so  issued  and  the  amount  adjudged  to  be  paid 
as  benefits  accruing  to  the  parcel  of  real  estate  described  in  such. 
certificate  shall  be  paid  by  the  city  at  large  or  out  of  the  proper 
waul  oi'  stoi  m  water  sewer  district  fund  as  the  council  may  de- 
termine. 

925 — 278.     (Ch.  673,  1907.) 
No  further  appeal.     SECTION  925 — 278.     Remedy  exclusive. 

The  appeal  given  by  the  last  section  from  the  report  of  the  board 
of  public  works,  officer  (  r  ot'liceis  designated  as  aforesaid  as  con- 
firmed by  the  council  shall  be  the  only  icinedy  of  the  owner  of 
any  paicel  of  land  or  of  any  person  interested  therein  affected 
by  said  in  pi ,  Yemeni  for  the  redress  of  any  grievances  he  may 
have  by  icayrn  <f  the  making  of  such  improvements  or  the 
change  of  any  established  grade  covered  by  said  report. 

925 — 279.      (Ch.  G7M.  11)07.) 

Advertising  for  bids.  SECTION  1)25 — 279.  When  any  of 
the  works  befeie  mentioned  shall  be  ordered  to  be  done  and 
the  p'ans  for  the  same  containing  description  of  the  work,  the 
materials  t  be  used  and  such  other  matter  as  will  give  an  intel- 
ligent idea  of  the  woi  k  icquiied,  shall  have  been  filed  with  the 
city  clerk  where  the  tame  can  be  inspected  by  persons  desiring 
to  bid  on  such  work  the  board  of  public  works,  officer  or  offi- 
ce) s  designated  as  aforesaid  shall  advertise  in  the  official  paper 
of  the  c'ty  for  bids  fY.r  doing  such  work  for  such  length  of  time 
a»s  it  may  think  the  interests  of  the  city  demands,  not  less  than 
once  a.  week  for  four  successive  weeks. 

925 — 280.     (Ch.  673,  1907.) 

Contracts:  form.  SECTION  925 — 280.  Form  of  contract. 
T'hi»  board,  officer  or  cfli/eis  designated  as  a  fore.- aid  shall  pre- 
pare or  cause  to  be  pivpared  a,  printed  form  for  the  contract 
with  sureties  required  and  furnish  the  same  to  all  persons  de- 
siring to  bid  and  shall  not  consider  any  bid  unless  accompanied 
by  a  contract  w'th  sureties  as  prescribed  by  the  form  so  fur- 
nished completed  with  the  exception  of  the  signatures  on  the 
part  of  the  city.  The  notice  published  shall  inform  bidders 
fii'ly  of  this  requirement. 

925 — 281.     (Ch.  673,  1907.) 

Curative  provisions.  SECTION  925 — 281.  Curative  provi- 
sion in  general;  special  cities.  In  every  c!ty  whether  operating 
under  a  general  or  special  charter  no  special  assessment  or  cer- 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     151 

tin*  c  ate  thereof  or  tax  sale  certificate  based  thereon  shall  be  held 
to  be  invalid  for  the  reason  that  any  contract  which  has  been 
heretofore  or  may  hereafter  be  let  contains,  on  the  part  of  the 
contractor,  a  guaranty  of  any  provisions  to  keep  the  work  done 
under  such  contract  in  good  order  or  repair  for  a  limited  num- 
ber of  years  when  such  guaranty  or  provision  was  inserted 
therein  for  the  purpose  of  insuring  the  proper  performance  of 
such  work  in  the  first  instance.  All  such  provisions  in  contracts 
for  doing  public  work  inserted  for  the  purpose  aforesaid  are 
hereby  legalized  and  all  such  provisions  shall  be  deemed  prima 
1'jicir  to  have  been  inserted  for  that  purpose  unless  the  time  dur- 
ing which  the  contractor  is  required  to  keep  the  work  in  good 
order  or  repair  shall  exceed  five  years. 

925 — 282.     (Ch.  673,  1907.) 

Bids;  rejection.  SECTION  925 — 282.  Rejection  of  bids. 
The  board  of  public  works,  officer  or  officers  designated  as  afore- 
said shall  have  power  to  reject  any  and  all  bids  if,  in  their 
opinion,  any  combination  has  been  entered  into  to  prevent  free 
competition  or  if,  in  their  judgment,  the  bid  is  excessive,  subject 
to  the  approval  of  the  common  council. 

925 — 283.     (Ch.  673,  1907.) 

Contractor's  pay:  certificates,  etc.  SECTION  925 — 283. 
Whenever  any  work  has  been  done  under  contract  as  herein  pro- 
vided the  same  shall  have  been  approved  by  the  board  of  public 
works,  officer  or  officers  designated  as  aforesaid,  the  contractor 
shall  be  entitled  to  a  certificate  therefor  as  to  each  parcel  of 
land  against  which  benefits  shall  have  been  assessed  for  the 
amount  chargeable  thereto.  Said  certificate  shall  be  in  such 
form  as  the  board,  officer  or  officers  designated  as  aforesaid 
may  prescribe.  The  amount  chargeable  to  the  city  shall  be 
paid  as  the  contract  for  the  work  may  provide. 

925 — 284.     (Ch.  673,  1907.) 

Certificates:  negotiability;  assessment.  SECTION  925— 
284.  After  the  expiration  of  nine  months  from  the  date  of 
said  certificate  the  same  shall  be  conclusive  evidence  of  the 
legality  of  all  proceedings  up  to  and  inclusive  of  the  issue 
thereof  and  it  may  be  transferred  by  indorsement  provided, 
however,  that  this  shall  not  affect  ;m\  ;ippeal  from  the  report 
of  the  board  of  public  works,  officer  or  officers  designated  as 
aforesaid  as  confirmed  by  the  common  council.  If  said  certifi- 
cates are  not  pjiid  before  the  limiting  out  of  the  next  tax  roll 


152     GENERAL  CHARTER  LAW  OF  WISCONSIN, 

the  same  may  be  filed  with  the  city  clerk  and  when  so  filed  the 
clerk's  statement  of  special  assessments  to  be  placed  in  the  next 
tax  roll  shall  include  an  amount  sufficient  to  pay  said  certificates 
with  interest  the  mm  at  the  legal  rate  from  the  date  of  such 
certificate  to  the  time  when  the  city  treasurer  is  required  to 
make  return  of  delinquent  taxes  and  thereafter  the  same  pro- 
ceeding's shall  be  had  as  in  case  of  other  taxes  except  that  all 
moneys  collected  by  the  city  treasurer  and  all  moneys , collected 
by  the  county  treasurer  on  account  of  such  taxes  and  all  the  tax 
certificates  issued  to  the  county  on  the  sale  of  the  property  for 
such  tax,  if  the  same  is  returned  delinquent,  shall  be  delivered 
to  the  owner  of  the  same  on  demand. 

925 — 285.      (Ch.  673,  1907.) 

Payment  for  work.  SECTION  925 — 285.  Payment  for  work. 
When  a  contract  is  let  for  doing  any  work  specified  herein  and 
such  work  is  chargeable  to  the  real  estate  to  he  benefited  it  may 
provide  that  the  amount  so  chargeable  may  be  paid  with  certifi- 
cates against  the  pan-els  <T  real  estate  so  benefited  or  in  special 
improvement  bonds  or  the  proceeds  of  the  sale  of  such  bonds  or 
that  payment  may  be  in  part  made  in  certificates,  part  in  cash 
and  part  in  special  improvement  bonds  or  the  proceeds  thereof. 

925 — 286.     (Ch.  673,  1907.) 

Notice  of  contract  and  bonds;  form.  SECTION  925 — 280. 
Notice  concerning  bond.  As  so.  n  as  the  amount  chargeable  to 
the  said  real  estate  is  finally  determined  the  council  may  cause 
a  notice  to  be  published  in  the  official  paper  substantially  as 
follows : 

CITY  IMPROVEMENT   NOTICE. 

Notice  is  hereby  given  that  a  contract  has  been  (or  is  about 
to  be)  let  for  th;>  laying  of  surface  or  storm  water  sewers  or 

drains  in  the    storm  water  district  or 

storm  water  sewer  districts  and  that  the  expense  of  said  improve- 
ment chargeable,  to  the1  real  estate  in  said  district  (s)  to  be 
benefited  has  been  determined  as  to  each  parcel  of  said  real 
estate  and  a  statement  of  the  same  is  on  file  with  the  city  clerk 
where  a  map  of  said  district  is  also  on  file.  It  is  proposed  to 
issue  borch  chargeable  only  to  the  real  estate  in  said  district  (s) 
benefited  by  said  improvement  to  pay  the  special  assessments 
except  in  cases  where  the  owner  of  the  property  shall  file  with 
the  city  c]erk  within  thirty  days  after  the  date  hereof  a  writ- 
ten noti  v  :!: ..t  he  or  they  elect  to  pay  the  special  assessments  or 


GENERAL  CHARTER  LAW  OF  WISCONSIN.     153 

a  part  thereof  on  their  property  describing  the  same  on  presen- 

1, -i lion  of  the  certificates. 

925 — 287.      (Ch.  673,  1907.) 

Bonds:  issue,  form,  contents.  SECTION  925 — 287.  Issue 
and  execution  of  bonds.  After  the  expiration  of  said  thirty 
<lays  the  council  may  issue  special  improvement  bonds  covering 
all  of  the  assessments  except  such  as  the  owners  have  filed  no- 
ti<-e  (if  el; -x-tio'ii  to  pay  as  provided  in  the  preceding  section.  Said 
bonds  shall  be  signed  by  the  mayor  and  clerk,  be  sealed  with 
the  corporate  seal  of  the  city  and  contain  such  recitals  as  may 
be  necessary  to  show  that  they  are  chargeable  only  to  particular 
property  specifying  the  name  and  the  number  and  amount  of 
said  bonds  and  such  ether  provisions  as  the  council  shall  think 
proper  to  insert.  Such  bonds  shall  in  no  event  be  a  general  city 
liability. 

925 — 288.     (Ch.  673,  1907.) 

Bonds:  interest,  redemption,  proceeds.  SECTION  925— 
2SS.  Said  bonds  may  be  annual  or- semi-annual  interest  cou- 
pons or  registered  bonds  without  interest  coupons  as  the  common 
c-uncil  may  direct.  The  total  issue  in  each  case  shall  be  pay- 
able in  annual  installments  for  a  period  not  exceeding  ten  years 
from  the  date  of  issue  and  shall  draw  interest  at  a  rate  not  ex- 
ceeding six  per  cent,  per  annum,  interest  payable  annually  or 
semi-a.nnually  as  the  common  council  shall  determine  and  shall 
be  sold  at  not  less  than  par.  The  proceeds  of  the  sale  of  such 
bonds  shall  be  credited  by  the  city  treasurer  to  a  special  fund 
for  said  improvement  and  may  be  paid  to  the  contractor  for 
such  work  when  payment  is  due  him  and  the  council  shall  so 
direct  or  the  contractor  may  take  such  bonds  as  payment  for 
work  done  with  the  permission  of  the  council. 

925 — 289.  .   (Ch.  673,  1907.) 

Methods  of  meeting  expense.  SECTION  925 — 289.  The 
city  may  levy  for  a  term  of  not  exceeding  five  years,  a  special 
tax  not  exceeding  one-fourth  of  one  per  cent,  of  the  last  equal- 
ized assessment  of  said  city,  per  annum,  upon  all  the  property 
taxable  in  such  city  for  the  payment  of  the  city's  portion  of 
>aid  improvement  as  determined  by  the  common  council  and 
may  issue  general  city  improvement  bonds  for -the  payment  of 
the  city's  shaie  of  said  improvement  as  herein  provided  and 
payable  out  of  the  proceeds  of  said  special  tax;  or  may  older 
the  same  paid  out  of  the  general  fund  of  the  city  or  out  of  the 
ward  fund  of  such  waul  or  wards  as  the  council  may  detcrmin--. 


154     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

925 — 290.     (Ch.  673,  1907.) 

Assessments,  bonds:  recording.  SECTION  925 — 290.  The 
city  clerk  shall  carefully  prepare  a  statement  of  the  special  as- 
sessments on  which  the  bonds  arc  issued  and  record  Ihe  same 
together  with  a  copy  of  said  bonds  in  his  office. 

925 — 291.      (Ch.  673,  '1907.) 

Bonds;  payment;  fund.  SECTION  925 — 291.  Payment  of 
bonds.  The  city  treasurer  shall,  out  of  the  special  fund  hereby 
created  lor  that  pin  pose,  pay  the  interest  on  and  the  principal 
of  said  bonds  as  the  same  become  due  and  charge  the  same  to 
said  fund. 

925 — 292.     (Ch.  673,  1907.) 

Assessments:  collection;  redemption.  SECTION  925 — 292. 
Collection  of  assessment;  redemption.  In  each  year  after  the 
issuing  of  said  bonds  until  all  of  them  are  paid  and  the  tax 
roll  for  the  year  is  prepared  sufficient  of  the  special  assessment 
on  ea.ch  parcel  of  land  covered  |)y  said  bonds  to  pay  the  annual 
installment  of  the  principal  and  interest  on  the  amount  of  said 
special  assessment  then  unpaid  shall  be  evidenced  on  the  tax 
roll  as  a  special  tax  on  said  property  and  thereafter  .this  tax 
shall  be  treated  in  all  respects  as  any  ether  city  tax  and  when 
collected  the  same  shall  be  a  special  fund  for  the  payment  of 
such  'bonds  or  interest  and  shall  be  used  for  no  other  purpose. 
Any  bondholder  c/r  bondholders  may  redeem  from  any  tax 
sale  as  fully  as  if  owners  <  f  the  land  under  section  1165,  of 
the  statutes. 

925 — 293.      (Ch.  673,  1907.) 

Special  tax:  action  to  avoid  or  restrain;  statute  of  lim- 
itations. SECTION  925 — 293.  Every  action  or  proceeding  to 
avoid  any  of  the  special  assessment  or  taxes  levied  pursuant 
to  the  same  or  to  lestrain  the  levy  of  such  taxes  or  the  sale  of 
lands  for  the  non-payment  of  such  taxes  shall  be  brought  within 
nine  months  from  the  end  of  the  period  of  thirty  days  limited 
by  the  city  improvement  notice  provided  for  *by  section  925 — 
286  and  not  thereafter.  The  limitation  shall  cure  all  defects 
in  the  proceedings  and  defects  of  power  on  the  part  of  the  offi- 
cer making  the  assessment  except  in  eases  where  the  lands  are 
not  liable  to  the  assessment  or  the  city  has  no  power  to  make 
any  such  assessment  or  the  a. mount  of  the  assessment  has  been 
paid  or  a  redemption  made. 


GENERAL  CHARTER  LAW  OP  WISCONSIN.     155 

925 — 294.     (Ch.  673,  1907.) 

Bonds:  foreclosure;  preferred  lien;  redemption;  joinder 
of  parties;  costs;  lis  pendens.  SECTION  925 — 294.  Fore- 
closure of  bi.-ndsj  procedure;  lis  pendens.  The  special  improve- 
ment l)oii(l  herein  mentioned  shall  be  alien  against  all  lots,  parts 
of  lots  or  parcels  of  land  against  which  special  assessments  have 
been  made,  which  lien  shall  take  precedence  of  all  other  claims 
or  liens  thereon,  and  when  issued  shall  transfer  to  the  holder 
thereof  all  the  right,  title  and  interest  of  such  city  in  and  to  the 
assessment  made  on  account  of  the  improvement  mentioned 
therein  and  the  liens  thereby  created,  with  full  power  to  en- 
force the  collection  thereof  by  foreclosure  in  the  manner  mort- 
gages on  real  estate  are  foreclosed;  but  the  time  of  redemption 
therefrom  shall  be  fixed  -by  the  court,  and  a  copy  of  the  bond 
foreclosed  may  'be  filed  as  a  part  of  the  judgment  roll  in  said 
action  in  lieu  of  the  original  thereof.  If  within  ninety  days 
after  the  commencement  of  the  annual  sale  of  lands  for  taxes 
the  amount  to  pay  any  installment  of  principal  or  interest  shall 
not  have  been  collected  by  the  city,*  the  owner  or  owners  of  at 
least  one-third  in  par  value  of  the  bonds  issued  on  any  single  im- 
provement may  proceed  in  his  or  their  own  names  to  collect  the 
same  by  foreclosure  thereof,  and  shall  recover,  in  addition  to  the 
amount  of  said  bonds  and  interest,  all  costs  against  the  property 
of  the  party  or  parties  in  default,  provided,  however,  that  the 
owner  of  any  property  covered  by  such  bonds,  or  the  holder  of 
a  lien  thereon  or  other  person  interested  in  the  property  may 
redeem  the  same  at  any  time  before  judgment  by  paying  to 
the  county  clerk  the  amount  due  against  such  property,  together 
with  ten  per  cent,  additional  thereon,  which  shall  be  in  full 
for  all  costs  chargeable  to  such  property  in  such  action.  Any 
number  of  the  holders  of  such  bonds  for  any  single  improve- 
ment may  join  as  plaintiffs  in  any  such  action  and  any  num- 
ber of  the  owners  of  or  other  persons  interested  in  the  property 
covered  by  the  assessment  upon  which  such  bonds  are  issued 
and  on  which  they  are  a  lien  may  be  joined  as  defendants . in 
any  such  action;  and  in  case  more  than  one  action  of  fore- 
closure shall  be  commenced  upon  the  bonds  issued  on  account  of 
a  single  improvement  such  actions  may  be  consolidated.  Any 
holders  of  bonds  for  the  same  improvement  who  do  not  join  as 
plaintiffs  may  be  made  defendants  and  their  rights  adjudicated 
in  the  action.  Such  bonds  shall  be  equal  liens  upon  the  prop- 
erty for  the  assessments  represented  by  them  without  priority 
one  over  another,  to  the  extent  of  the  several  assessments  against 
Hie  lols  and  parcels  uf  land  against  which  the  special  assess- 


156     GENERAL  CHARTER  LAW  OF  WISCONSIN. 

• 

merits  shall  have  been  made.  Upon  the  commencement  of  any 
such  action  the  plaintiff  shall  cause  a  notice  thereof  to  be  filed 
in  the  office  of  the  county  clerk  and  county  treasurer,  desig- 
nating the  ^particular  property  affected  by  such  foreclosure; 
and  thereafter  no  redemption  of  any  such  property  from  sucR 
assessments  shall  be  had  without  payment  of  all  costs  theretofore 
accrued  in  such  action  except  as  hereinbefore  provided. 


TABLE    OF   REFERENCE.  157 


TABLE  OF  REFERENCE 


Miscellaneous   Provisions   Relating  to   Cities   Under   Both   General   and 

Special  Charters. 


Alderman,   number   elected   in   3rd   and   4th   class,    Sec.    926-107    (Ch. 

92,  '05) 

Annexation  of  territory,  928 

Assessments  against  corporate  property,  foreclosure,  lien,  959-38 
Bill  Posters,  licensing,  959-80  (Ch.  206,  '01) 
Bonds,  heretofore  issued,  curative  acts  926-106   (379,  '03);   943g  (443, 

'07);   943m   (Ch.  60,  '09) 

Board  of  Education,  securing  evening  lectures,  926-103,   (Ch.  336,  '01) 
Breakwaters,  Sec.  959-71  to  959-78   (Ch.  293,  ''05,  Ch.  59,  '07) 
Building  lines,  establishment,  Sec.  959-35m   (Ch.  619,  '07) 
Building  Material,  deposit  on  streets,  Sec.  926-102  (Ch.  273,  01) 
Cemetery  Trusts,  Sec.  959-82  to  959-84   (Ch.  179,  '05) 
City  Attorney,  assistance,  Sec.  926-160   (Ch.  135,  '07) 
City   Commission    Plan,   adoption,   etc.,    Sec.    959-17a   to   959-17J    (Ch. 

162,  '09) 

City  Lighting  Commission,  Sec.  926-lOlj  to  926-lOln   (Ch.  467,  '07) 
Change  of  name,  Sec.  959-36,  959-37 

Claims  disallowed,  notice,  service,  appeal,  926-100  (Ch.  68,  '01) 
Condemnation  of  riparian  rights,  Sec.  959-39 
Condemnation  of  lands  beyond  city  limits,  Sec.  959-61  to  959-68 
Condemnation,  title  acquired,  959-89   (Ch.  240,  '05) 
Contagious  Diseases,  destruction,  appropriation,  Sec.  940a 
Department  Stores,  licensing,  Sec.  959-60 
Employment  Agencies,  free,  Sec.  926-161  to  926-171  (Ch.  434,  '03;  Ch. 

373,  '07) 

Exhibitions,  licensing,  Sec.  930 

Firemen's  Pension  Fund,  Sec.  959-46e  to  959-46n,  Ch.  214,  '07 
Franchises,  granting  of 

acceptance,  940h 

application,,  publication,  940b,  Ch.  519,  '09 

bids  for  extension,  Sec.  040f 


158  TABLE   OF  REFERENCE. 

Franchises,  granting  of— continued 

certified  check,  bond,  Sec.  940g 

curative  act,  Sec.  943t   (Ch.  145,  '07) 

ordinance,    submission    to    vote,    etc.,    Sec.    926-139    to    926-143 
(Ch.  387,  '03) 

referendum,  Sec.  940j 

specifications,  Sec.  940d 

terms  of,  Sec.  94€i 

submitted  to  vote,  Sec.  926-139  to  926-143   (Ch.  387,  '03) 
Gambling,  Sec.  959-70   (Ch.  270,  '05) 

Harbor  Improvements,  Sec.  926-108  to  926-113   (Ch.  97,  '05) 
Health   Reports,   duties   of  phys.,   etc.,   Sec.   926-148   to   926-15G    (Ch. 

93,  '07) 
Inspection   of   Illuminating    Oils,    local,    Sec.    959-95    to    959-101    (Ch. 

459,  '05) 
Inspection  of  Steam,  Gasoline  and  Electric  Machinery,  Sec.  959-92  to 

959-94  (Ch.  280,  '05) 
Libraries 

annual  report,  Sec.  935  (Ch.  68,  '09) 

annual  tax  in  rase  of  gift,  Sec.  931a   (Ch.  310,  '01) 

directors,  appointment,  term,  etc.,  Sec.  932   (Ch.  98,  '01) 

directors,  organization,  duties,  Sec.   933    (Ch.   307,  '07) 

donations,  Sec.  936 

establishment,  maintenance,  tax,  Sec.  931   (Ch.  43,  '05) 

free  use  of  books,  etc..  Sec.  934   (Ch.  265,  '01) 

gifts,  bequests,  transfer  of,  Sec.  936a   (Ch.  98,  '05) 

reports,  (Ch.  98,  '05) 

sites,  condemnation,  Sec.  931b  (Ch.  404,  '03) 
Lectures,  Sec.  926-103    (Ch.  336,  '01) 

Lighting;   furnishing;    without  limits,  Sec.  926-101    (Ch.  327,  '07) 
Lighting  Commission,   Sec.   926-lOlj   to   926-lOln    (Ch.   467,   '07) 
Memorial  Day  appropriation,  Sec.  959-81  (Ch.  458,  '07) 
Mobs,  liability  for  injuries,  etc.,  Sec.  938  to  940 
Municipal  Loans 

bonds,  issuing,  vote  on,   Sec.   943    (Ch.  208,   '07;    413,   '09) 

bonds  for  railroad  aid,  Sec.  942  (Ch.  309,  '99) 

bonuses,  Sec.  940k 

county  bonds  for  telephones,  Sec.  942a   (Ch.  309,  '99) 

debts,    lacking    constitutional   levy,    Sec.    942c    (Ch.    413,    '09) 

form  and  execution,  Sec.  956 

liability  of  territory,  detachment,  adjustment,  Sec.  944 

sinking  funds,  Sec.  958,  959 

subscription  for  railroad  stock,  Sec.  945,  955 

temporary  purposes,  orders,  Sec.  941 

vote  on  bond  issue,  Sec.  957 
Municipal  Debts 

cancellation  books,  court  certificates,  bonds,  Sec.  959-7 

division  of  territory,  transcripts,  Sec.  959-8 

exchange  of  bonds;   extension  of  payment,  Sec.  959-3 


TAliU']    OK    REFERENCE.  159 

Municipal   Debts— continued 

in  what  paid,  Sec.  959-6 

moneys,  how  applied,  Sec.  959  •"> 

new  bonds;    sale  of,  when  payable,   Sec.  959-4 

refunding  of  bonds,  Sec.  959-2 

Municipal  Ownership,  Utilities,  Sec.  927-11  to  927-19    (Ch.  665,  '07) 
Navigation;    obstruction,  removal,  liability,   Sees.  959  90,  959-91    (Ch: 

279,  '05) 

Official  Bonds,  payment  of  premiums,  Sec.  929-2 
Official  liability  for  neglect,  Sec.  959-1 
Officers,  terms,  Sec.  926-147   (Ch.  233,  '05) 

Officers,  eligibility,  Sec.  97Gm  (Ch.  437,  '09);   Sec.  976s  (Ch.  69,  '09) 
Orders,  demand  of  payment,  proof,  judgment,  Sec.  929-1 
Palmists  and  Fortune  Tellers,   Sec.   959-111    (Ch.   456,   *09) 
Park  and  Boulevards 

acceptance,  conditions,  Sec.  959  lo 

claims,  allowances,  Sec.  959-15 

funds,  disposition  claims,  liability,  Sec.   959-16 

park  commissioners,  appointment,  duties,  Sees.  959-11,  959-12 

parks,  etc.,  free,  Sec.  959-13 

power  of  board,  Sec.  959-14 

purchase  of  lands,  Sec.  959-17 
Plumbers'  Licenses 

application,   Sec.  959-54 

cities  4th  class,  may  adopt,  Sec.  959-59m  (Ch.  491,  '09) 

examiners,  sec.  959-55;  duties,  Sec.  959-56 

inspectors  of  plumbing,  Sec.  959-57 

license,  where  required,  Sec.  959-53 

rules,  for  materials,  Sec.  959-58 

violations,  penalty,  Sec.  959-59 
Police  and  Fire  Commission 

appointment,  Sec.  959-40   (Ch.  181,  '09) 

approval  of  appointment,  Sec.  959-41    (Ch.  61,  '07) 

chief,  suspension,  hearing,  Sec.  959-45  (Ch.  61,  '07) 

cities,  4th  class,  Sec.  959-41 1  to  959-41n   (Ch.  187,  '09) 

examinations,   Sec.   959-44    (Ch.   178,   '99) 

good  behavior,  suspension,  removal,  Sec.  959-45   (Ch.  61,  '07) 

rules,  Sec.  959-42;   959-43 

salaries,  fees,  reports,  pensions   (Ch.  178,  '99) 

vacancies;  promotion,  Sec.  959-46 

Police  Regulations;   fights,  etc.,  Sec.  926-134   (Ch.  138,  '03) 
Public  Improvements,  powers,  Sec.  926-157  to  926-159   (Ch.  364,  '05) 
Questions  submitted  to  vote,  special  election,  Sec.  926-31  (Ch.  531,  '07) 
Railroads,  subscriptions  of  stock,  Sec.  946  (Ch.  299,  '09);  Sec.  955  (Ch. 

46,  '09) 
Refunding  bonds,  for  Special  Assessments  , 

applicable  to  what  cities,  Sec.  959-18 

bonds,  a  lien,  foreclosure,  Sec.  959-27 

bonds,  received  for  taxes,  'Sec.  959-28 


160  TABLE   OF  REFERENCE. 

Refunding  bonds,  for  Special  Assessments— continued 

city  charters,  effect  on,  Sec.  959-29  , 

-exchanged,  sold,  placed  in  sinking  fund,  sec.  959-24 

extension  of  special  assessments,  Sec.  959-22 

form,  interest,  loan  to  pay,  Sec.  959-20 

holder  of  lien,  may  pay  tax,  Sec.  959-25 

how  issued,  Sec.  959-18,  959-19 

limitation  on  lien,  holder,  Sec.  959-26 

new  improvements,  Sec.  959-21 

tax  roll,  tax  for  interest  and  prin.,  Sec.  959-23 
Reorganization  as  Village,  Sec.  927-m    (Ch.  421,  '07) 
Rubbish,  removal,  tax,  Sec.  927p   (Ch.  187,  '07) 

School  Superintendents;   duties,  Sec.  926-115,  926-116   (Ch.  86,  '09) 
School  Superintendents;   conventions;   attendance,  Sec.  926-117m   (Ch. 

253,  '09) 
School    Superintendents;    not    eligible   to    membership    school    board, 

Sec.  926-117   (Ch.  388,  '05) 

School  Boards;   organization,  Sec.  926-117   (Ch.  388,  '05) 
School  Tax,  limitation,  Sec.  926-104    (Ch.  387,  '01) 
School  Tax;  special,  limit,  Sec.  926-145  (Ch.  67,  '07) 
Sidewalks;    repair,  notice  to  abutting  owners,   Sec.   926-114    (Ch.   277, 

'05) 
Street  Improvements 

application  for  extension,  irregularities,  roll,  Sec.  959-31 

assessments,  extension  of,  Sec.  959-30  (Ch.  363,  '03) 

bonds  issued,  form,  foreclosure,  evidence,  Sec.  955-33 

building  lines,  Sec.  959-35m    (Ch.  619,  '07) 

concrete  pavements,  material,  construction,  Sec.  959-30^,  to  959- 
30j   (Ch.  539,  '09) 

contractors'  guaranty  of  repairs,  Sec.  926-15  (Ch.  88,  '03) 

contractor  to  take  bonds,  Sec.  959-32 

property,  fronting,  not  exempt,  Sec.  959-35  (Ch.  329,  '09) 

tax  roll,  Sec.  959-34 
Street    Railways,    parallel    lines,    joint    use,    Sec.    940J-41    to    940J-44 

(Ch.  536,  '07) 
Street  Railways,  tracks  on  bridges  and  viaducts,  how  laid,  Sec.  959- 

30Z  to  959-30n   (Ch.  517,  '07) 
Street  Sprinkling,  Sec.  959m-l  to  959m  3  (Ch.  253,  '07) ;  Sec.  959p  (Ch. 

387,  '09) 

Taxation  for  Special  Assessments,  Sec.  926-135  to  926-138  (Ch.  71,  '01) 
Trade  schools,  establishments,   Sec.  926-22  to  926-30    (Ch.   122,   '07); 

(Ch.  155  and  401,  '09) 
Vacation   of  grounds  for  public  purposes,   Sec.   926-125k  to  926-125q 

(Ch.  569,  '07) 
Voting  booths,  cities  4th  class,  location,  Sec.  926-132,  926-133   (Ch.  61, 

'01) 
Water  Power;  cities  4th  class,  may  acquire,  Sec.  926-126  (Ch.  204,  '07) 

by  referendum  enly,  Sec,  926-127  (Ch;  485,  '09) 


TABLE   OF  REFERENCE  161 

Water  and  Lighting  Plants 

cities  3rd  and  4th  class,  may  purchase  or  build,  Sec.  926-128  to 
926-131   (Ch.  143,  '01) 

contract  for  increase  of  supply,  Sec.  959-50 

franchises;   contracts;   taxation,  Sec.  959-49 

franchise,  how  granted,  Sec.  959-52 

purchase  of  plant;  bonds,  election,  Sec.  959-51 
Water  and  Light  Franchises 

condemnation;   purchase;   lease,  Sec.  927-1 

judgments;  collection;  tax,  Sec.  929 

pipes,  laying  of,  Sec.  927-3 

water  rent,  retention  for  taxes,  Sec.  927-2 

water  and  light  rent,  collection,  tax,  Sec.  927-4  (Ch.  174,  '01) 
Water  Supply,  to  adjoining  municipality;  contracts,  Sec.  959-47 
11 


INDEX. 


CHAPTER  I. 

CLASSES  OF  CITIES. 

Apportionment  of  joint  debts,  with  towns,  925 — la,  p.  3. 
Four  classes,  925 — 1,  p.  3. 


CHAPTER  II. 
ADOPTION  OF  GENERAL  CHARTER  LAW  BY  EXISTING   CITIES. 

Action  to  determine  validity  of  proceedings,  926a,  p.  6. 

Application  of  act,  925 — 2,  p.  4. 

Census,  925—4,  p.  6. 

Certification  of  results  of  election,  925 — 30. 

Change  from  special  to  general  charter,  925 — 3m,  p.  5. 

Common  council,  duties,  925 — 3m,  p.  5. 

Effect  of  adoption,  925 — 8,  p.  4, 

Effect  on  existing  officers,  925 — 6,  p.  7. 

Election;  notices;  publication;  ballot,  925 — 3n,  p.  5. 

Ordinance;  publication:  final  action;  census,  925 — 4,  p.  6. 

Patent,  when  to  issue,  925 — 3o,  p.   5. 

Patent,  issuing  by  governor,  925 — 5,  p.  7. 

Petition  for  change  of  charter,  925— 3m,  p.  5. 

Resolution  submitting  question  to  vote,  925— 3m,  p.  5. 


CHAPTER  III. 
INCORPORATION  OF  CITIES  NOT  HERETOFORE  INCORPORATED. 

Census,  925—9,  p.  8. 

Certification  to  secretary  of  state,  925 — 12,  p.  9. 

Election;  notice;  publication,  925 — 10,  p.  8. 

Election,  how  conducted,  925 — 11,  p.  8. 

Election  returns,  925 — 12,  p.  9. 

Election  of  city  officers,  925 — 16,  p.  13. 

Patent,  issuing,  925 — 12,  p.  9. 

Patent,  recording,  powers;  evidence,  925 — 13,  p.  9. 

Petition  by  electors  of  village,  925—8,  p.  8. 

Population  required,  925 — 7,  p.  7. 

Question,  how  submitted  to  vote,  925 — 9,  p.  8. 

Resolution  submitting  quest  ion  to  vote,  contents,  925- — 9,  p.  8. 

Village  officers  to  hold  until  city  officers  elected,  925 — 15,  p.  12. 

Ward  boundaries,  how  changed,  925 — 14,  p.  9,  11. 

11 


162  INDEX. 

CHAPTER  IV. 

ANNEXATION  AND  DETACHMENT  OF  TERRITORY. 
Annexation: 

Cities  that  may,  025—17,  p.  II. 

Debts  and  property,  adjustment,  925 — 20,  p.  14. 

Ordinance,  925—19,  p.  14. 

Ordinance:  collateral  attack,  limitation,  925 21.  p.  15. 

Petition:  signers:  rejection,  925—18,  p.  14. 
Vote  required,  925—20,  p.  14. 

Detachment: 

Debts  and  property,  adjustment,  925— 21a,  p.  15. 
Ordinance,  925— 21a,  p.  15. 
Petition,  925— 21  a,  p.  15. 
Vote,  925— 2 la,  p.  15. 

City  boundaries:  surveys,  etc.,  925 21b,  p.  16. 


CHAPTER  V. 
OFFICERS;  ELECTION;  AITOINTMKNT. 

Aldermen,  cities  1st  class,  925 — 22a  p.  17. 

Aldermen,  other  cities,  925 — 23a,  p.  18. 

Annual  election,  925—24,  p.   18. 

Certificate  of  election  or  appointment,  925 — 29a,  p.  21. 

Cities,  first  class,  925—22,  p.  Hi. 

Cities  of  other  classes,  925 — 28,  p.  17. 

Election,  when  held,  925— 22a,  p.   17. 

Elections,  how  held,  925—29,  p.  21. 

Officers;  cities  1st  class,  925 — 22,  p.    16. 

Officers;  other  cities,  925—23,  p.  17. 

Officers:  how  chosen,  915 — 25,  p.  IS. 

Officers;  terms,  925—26,  p.  19;  925— 26a,  p.  20. 

Officers;  eligibility,  925—27,  p.  20. 

Officers;  commencement  of  terms,  925 — 28,  p.  21. 

Officers;  terms,  duties,  925 — 33,  p.  28. 

Officers;  oath  of  office,  925—34,  p.  28. 

Officers;  bond,  925—35,  p.  23. 

Officers:  removal,  925—36,  p.  28. 

Salaries,  925—30,  p.  21. 

Special  elections,  925 — 32,  p.  22. 

Vacancies,  how  filled,  925— 31,  925— 31b,  p.  22. 


CHAPTER  VI. 
OFFICERS;  POWERS  AND  DUTIES. 

Appointments,  925— 38b,  p.  25. 

Clerk,  appointment,  etc.,  925— 41,  p.  27. 

City  attorney,  925—42,  p.  28. 

Comptroller,  cities  1st  class,  925 — 44,  p.  29. 

Comptroller,  other  cities,  925—45,  p.  29. 

Mayor,  cities  1st  class,  925—37,  p.  24. 

Mayor,  other  cities,  925—38,  p.  24. 


INDEX. 


163 


N<>\vspap<>r  publications,  cities  4th  class,  1)25—40.  p.  31. 

Officers,  duties.  1)25—48,  p.  33. 

President  of  council,  925 — 38a,  p.  25. 

Proceedings:  publication,  025 — 4Ga,  p.  31. 

Proof  of  publications,  925 — 47,  p.  33. 

School  board  proceedings;  printing,  publication,  925 — 40m,  p.  33. 

Treasurer,  025—43.  p.  2S. 

Vacancies,  cities  1st  class,  025—30,  p.  20. 

Vacancies,  other  cities,  925 — 40,  p.  20. 

Vacancies,  mayor  and  aldermen,  025     K3m.   p.  20. 


CHAPTER  VII. 
COMMON  COUNCIL:  POWERS. 

Corporate  authority,  025 — 54.  p.  51. 

Mayor's  vote,  925—49,  p.  33. 

Meetings,  925— 50,  p.  34. 

Membership,  925—40,  p.  33. 

Officers'  accounts,  025 — 53,  p.  51. 

Ordinances,  style,  925—49,  p.  33,  025— 49a,  p.  34. 

Police  pension's,  cities  2nd,  3rd  class,  1)25— 52h,  025— 52v,  p.  45-51. 

Powers,  925,  p.  35. 

Rules;  quorum,  proceedings,  etc. ,925—51,  p.  31. 


CHAPTER  VIII. 
ACTIONS,  APPEALS,  BONDS,  SURETIES. 

Actions,  how  brought,  025 — 55,  p.  52. 
Appeals  in  penal  cases,  925 — 57,  p.  52. 
Appeals  on  claims;  costs,  925 — GO,  p.  53. 
Claims;  tort  cases,  925 — 58,  p.  52. 
Claims:  action  of  council  final,  925 — 59,  p.  53. 
Judgments;  costs:  imprisonment,  925--50,  p.  52. 


CHAPTER  IX. 

POLICE  COURT. 


Clerk:  duties:  salary,  925—02,  p.  54. 

Complaint,  warrant,  execution,  925 — 09.  p.  50. 

Costs,  925—71,  p.  59, 

Docket,  925—08,  p.  50. 

Juries:  selection,  925 — 70,  p.  58. 

Jurisdiction,  925—61,  p.  54;  925—05,  p.  55. 

Justice  of  the  peace,  jurisdiction,  925—0(5,  p.  55. 

Officers;  fees,  025— 62a,  p.  54. 

Officers,  in  cities  1st  class,  025 — 03.  p.  55. 

Police  justice,  025 — 01,  p.  54. 

Police  justice,  fees,  salary,  025— 02,  p.  54, 

Punishment,  025—67,  p.  50. 

Title  of  court:  sessions,  025—04,  p.  55. 


164  INDEX. 

CHAPTER  X. 
FIRE  DEPARTMENT. 

Apparatus;  engine  house;  signals,  etc.,  925 — 75,  p.  60. 

Fire  account,  925 — 76,  p.  CO.  * 

Fire  limits,  925—73,  p.  59. 

Organization  and  support,  925 — 72,  p.  69. 

Paid  department.  925—74,  p.  60. 

Relief  fund,  925—77,  p.  (50. 

CHAPTER  XI. 
HOARD  OK   PIHLIC   WOKKS. 

Bidders;  incompetent,  925—91,  p.  (Hi. 

City  engineer,  925—80,  p.  61. 

•City  engineer,  records,  reports,  925 — 81,  p.  (51. 

Compensation,  925—82,  p.  62. 

Contracts,  how  executed,  925—93,  p.  6(i. 

€ontracts,  how  let,  925—90,  p.  63. 

Oontracts  for  improvements,  1st  class,  925 — 90b,  925— 90c,  p.  (54. 

Contractor,  duties,  liabilities,  925 — 92,  p.  (Hi. 

Contractor,  estimates,  deposit,  925 — 94,  p.  (57. 

Duties,  925—86,  p.  (53. 

Guaranty  deposits  with  bids,  925— 90a,  p.  (54. 

Oath,  bond,  925—83.  p.  62. 

Officers,  925—79,  p.  61. 

Organization:  terms,  925     78,  p.  (51. 

Quorum;  record;  report,  925 — 85,  p.  62. 

Rules,  925—84,  p.  62. 

School  buildings,  care,  925 — 87,  p.  63. 

Streets,  use  of,  925—88,  p.  63.  , 

Streets,  repairs.  925     89,  p.  63. 

CHAPTKR  XII. 
WATERWORKS  AND  LIGHTING. 

Assessment  against  owners,  925—100,  925—101,  925—103,  pp.  70,  71. 

Assessments,  report  of  notice,  925—104,  925 — 105,  pp.  71.   72. 

City  ownership,  rates,  collection,   indebtedness,  925 — 98,  p.   (58. 

Commissioners,  election,  925 — 95a.  p.  (57. 

Contract,  how  let,  925— 99a,  p.  69. 

Council  powers,  925—9(5.  p.  (57. 

Land  may  be  acquired,  925—97,  p.  (58. 

Operation,  925—95,  p.  (57. 

Pipes,  laying,  assessment,  925 — 100.  p.  70. 

Rent,  non-payment,  penalty,  lien,  925 — 99.  p.  (58. 

Water  mains,  expenses,  925 — 10(5.  p.   72. 

Work,  how  paid  for.  925— !)9b.   p.  (59. 

CHAPTER  XIII 
HEALTH  COMMISSIONERS. 

Abatement  of  nuisances.  925 — Ilia,  p.  '7-1. 

Appointment,  925 — 107,  p.  73. 

Duties,  925—108,  p.  73,  925—112,  p.   7.1. 

Duty  of  police  and  other  officers,  925     112a,  p.  75. 

Physicians  to  report,  925 — lllb.   p.  74. 

Recommendations,  924 — 110,  p.   73. 

Rules,  925—109,  p.  73. 

.Salary,  assistants.  925 — 111.  p.  73. 


INDEX. 


165 


CHAPTER  XIV. 

SCHOOLS. 

Annual  meeting,  925 — 114,  p.  71). 

Board  membership,  925 — 113n,  p.  7S. 

Board,  authority  of.  925—116,  p.  80. 

Buildings,  925—118,  p.  81. 

Buildings,  3d  and  4th  class,  etc.,  925— 118a,  p.  81. 

Change  of  boundaries  and  systems.  925 — 1  IB,  p.  75. 

Change  of  system,  4th  class,  925 — 113a,  p.  77. 

Expenses,  estimates  of,  925 — 119,  p.  84. 

Monthly  and  special  meetings.  925 — 117,  p.  81. 

Secretary,  election,  925 — 115,  p.  79. 

Special  election,  adopting,  925 — 113n,  925 — 113m,  p.  78. 

Superintendent,  election,  925—115,  p.  79. 

Tax,  property,  levy,  collection,  925— 119m,  p.  So. 


CHAPTER  XV. 
FINANCE  AND  EXPENDITURES. 

Bonds,  issuing,  925—133,  p.  89. 

Borrowing  money,  925 — 12(5,  p.  X7. 

City  orders,  925— 124,  p.  87. 

Claims,  1st  class,  925— 121a,  p.  86. 

Claims,  verification,  925—134,  p.  91. 

Debts,  how  contracted,  925—123,  p.  86. 

Deposits,  how  drawn,  925—129,  p.  88. 

Employes,  payment  of,  925 — 135,  p.  92. 

Fiscal  year,  925—120,  p.  86. 

Funds,  how  drawn  upon,  925 — 121,  p.  86. 

Funds,  deposit  of,  925^-1^7,  p.  87. 

Funds,  special,  925—122,  p.  86. 

Interest,  925—128,  p.  88. 

License  moneys,  bonds,  925 — 132,  p.  88. 

Loans,  temporary,  925 — 130,  p.  88 

Loans,  how  authorized,  purposes,  925 — 131,  p.  ss. 

Treasurer's  statement,  925 — 125,  p.  87. 


CHAPTER  XVI. 
ASSESSMENT  AND  COLLECTION  OF  TAX  MS 

Assessment  rolls,  return  examination,  925 — 138.  p.  93. 

Assessment  rolls,  delivery  of,  925 — 141,  p.  93. 

Assessments,  how  carried  out,  925—146.  p.  9(5. 

Assessor's  duties,  925—137,  p.  92. 

Board  of  review,  members,   salaries,  925 — 179.  p.  93. 

Board  of  review,  meetings,  925 — 140,  p.  93. 

Bond  of  chief  of  police,  925—14!).  p.  97. 

City  lew.  limitation,  925 — 142a.  p.  94. 

Collection  of  taxes.  925-148,  p.  9(5. 

Expenses,  estimates  of.  925-142.  p.  9)>. 

Property  taxed.  925-136.  p.  92. 

Provisions  directing  only.  925 — 153.  p.  98.  v 

Taxes,  cancellation  of.  925—145.  p.  96. 

Taxes,  apportionment  of,  925 — 151,  p.  97. 

Tax  roll  and  warrant.  925—143.  j>.  94. 

Tax  roll  and  warrant  prima  facie  evidence.  925 — 144.  p.  95. 

Tax  roll  and  warrant  return  of.  925 — 150,   p.  97. 

Treasurer's  notice.  925—147,  p.  96. 

Treasurer's  fees,  925 — 152,  p.  97. 


166  INDEX. 

CHAPTER  XVII. 
EMINKNT  DOMAIN. 

Appeals  from  assessments,  925 — 171,  p.  IOC. 

Assessment,  method  of  making.  925 — 107,  p.  105. 

City  attorney,  duty.  925—150,  p.  100. 

Damages,  assessment  of,  925 — 16(3,  p.  104. 

Damages,  how  paid,  925 — Ki9,  p.  100. 

For  what  purposes  exercised,  925 — 154,  p.  98. 

Lienor,  rights  of,  925—162,  p.  103. 

Park  commissioners:  jurisdiction,  925 — 171a,  p.  1 

Petition  for  opening  streets,  925 — 155,  p.  9S. 

Petition  as  to  alleys,  925—157,  p.  99. 

Powers  of  cities,  925—170.  p.  10(5. 

Proceedings  925—15(5.  p.  99. 

Proceedings,  without  petit  ion.  925 — 158,  p.  100. 

Proceedings,  costs  of,  925—160,  p.  102. 

Proceedings,  abandonment  of,  925—101,  p. '102. 

Proceedings,  new,  925—104,  p.  104. 

Streets,  vacation  of,  925—105.  p.  104. 

Taxes,  special,  entry,  925— 10X,  p.  100. 

Title  to  fee.  925—103,  D.  104. 


CHAPTKR  XVIII. 

ClTY    I  M  I'ROV  KM  KXTS. 

Actions,  limitation  of,  925— 197.  p.  116. 

Assessment  of  benefits,  925 — 182,  p.  111. 

Assessments,  record  of,  925— 194.  p.  110. 

Assessments,  collection  of,  redemption.  925     190,  p.  110. 

Bids:  advertisement,  contract.  925     ISO.  p.  112. 

Bids,  rejection,  925—187,  p.  113. 

Bonds:  issue  and  execution.  925—192,  p.  115. 

Bonds;  notice,  925—191,  p.  114. 

Bonds;  terms,  sale,  925 — 193.  p.  115. 

Bonds;  payment  of,  925—195,  p.  110. 

Bonds:  foreclosure,  925— 197a,  p.  117. 

Certificate  to  contractor,  925— 18S,  p.  113. 

Contractor's  certificate,  925 189,  p.  114. 

Crosswalks,  expense  of,  925 — 177,  p.  109. 

Damages,  change  of  grade.  925-478,  925—179,  pp.  109,  110. 

Land  owner's  remedy,  925 — 184,  p.  111. 

Notice  of  final  determination.  925 — 183.  p.  111. 

Parks,  care  of,  925—199,  p.  118. 

Park's,  power  of  council,  925 — 200,  p.  118. 

Remedy,  exclusive,  925—185,  p.  112. 

Sidewa'lks,  925— 176a,  p.  109. 

Streets  and  sidewalks,  925—174,  p.  107. 

St  reets,  grade,  damages,  925 — 172,  p.  107. 

Streets,  grade,  record,  925 — 173,  p.  107. 

Streets,  opening,  paving,  grading,  925 — 175.  p.  108. 

Streets,  for  park  purposes,  925— 175a,  p.  108. 

Streets,  improvement,  petition.  925 — 17(5.  p.  108. 

Streets,  alterations,  report,  notices,  925 — 180,  925 — 181,  pp.  110,  111. 

Work,  payment  for.  925—190,  p.  114. 


INDEX.  167 


CHAPTER  XIX. 
SIDEWALKS  . 

Construction  1)25—202,  p.  118. 

Contract  expense,  925—203,  p.   lls. 

Default-  of  lot  owner,  925—205,  p.  119. 

Grade,  925—201,  p.   118. 

Laid  by  city,  925—205,  p.  119. 

Laying,  replacing;  notice,  925—204,  p.  119. 

Maintained  by  city,  when,  925— 205a,  p.  121. 

Rules,  925—207,  p.  121. 

Snow  and  ice.  925—207,  p.  121. 


CHAPTER  XX. 
SEWERS. 

Apportionment  of  benefits,  etc.,  925 — 217,  p.  125. 

Assessments,  notice,  925—216,  p.  124,  925— 239c,  p.  135. 

Bids,  925—214,  p.  123. 

Bonds,  for  improvement,  925 — 234,  p.  131. 

Bonds,  issue,  925—235,  p.  131. 

Bonds,  how  sold,  925—236,  p.  132. 

Bonds,  payment,  925—237,  p.  132 

Bonds,  assessment,  collection,  925 — 238,  p.  132. 

Construction  by  city,  925—214,  p.  123. 

Contractor,  payment,  925—215,  p.  124,    925—220,  p.  126. 

Cost,  how  paid,  925—218,  p.  125. 

Curative  provisions,  925— 239o,  p.  134. 

Diagrams,  filing,  925—212,  p.  123. 

Diagrams  and  plans,  925—209,  p.  122. 

Diagrams,  effect  of,  925—231,  p.  130. 

Diagrams,  new,  effect,  925 — 233,  p.  130. 

Districts,  925—208,  p.  122. 

Districts,  separate,  925— 239d,  p.  135. 

Drains,  private,  925—224.  p.   128. 

Drains,  form,  construction,  925—225,  p.  128,  925—226,  p.  129. 

Drains,  contractor  may  enter  lot,  925 — 227,  p.  129. 

Drains,  connection,  925—228,  p.  129,  925—229,  p.  129. 

Hearing  report,  925 — 211,  p.  123. 

Lateral  sewers,  925—223,  p.   127. 

Laying,  where,  925—230,  p.  130. 

Notice  of  plans,  925—210,  p.  122. 

Plans,  specifications,  etc.,  925—214,  p.  123. 

Plans,  change  of,  925—232,  p.  130. 

Power  of  boards  of  public  works,  925 — 222,  p.  127. 

Report  and  action  thereon,  925 — 213,  p.  123. 

Streets,  paving,  drains,  etc.,   925 — 223,  p.  127. 

Sureties  to  contracts,  925—221,  p.   127. 

System,  change,  925—239,  p.  132. 

Tax,  collection,  925—219,  p.   126. 

Taxes,  special,  925— 239a,  p.  133. 


CHAPTER    XXI. 
HARBORS  AND  BRIDGES. 

Accounts,  separate,  925 — 243,  p.  137. 

Assessment  of  benefits,  925—244,  p.  138,  925—245,  p.  138. 
Board  public  works,  duties,  925—240,  p.  136. 
Breakwater  erections,  assessments,  925—248,   p.  139. 


168  INDEX. 


Condemnatioh,  925— 248b,  p.  141. 

Construction,  925—241,  p.   136. 

Contracts  for  dredging,  925 — 247,  p.  139. 

Harbors,  change  of  boundaries,  assessments,  925 — 248a,  p.  140. 

Location,  925—241,  p.  136. 

Repairs,  925—242,  p.  137,  925—246,  p.  138. 


CHAPTER  XXII. 

M  ISCELLANEOUS. 

Appeals,  925—277,  925—278,  pp.  149,  150. 

Assessments,  exemption,  925—266,  p.  144. 

Assessments,  special;  bonds,  recording,  925 — 290,  p.  154. 

Assessments,  collection,  redemption,  925 — 292,  p.  154. 

Assessment  of  damages,  925—273,  p.  148. 

Attorney's  opinions,  925 — 260,  p.  141. 

Bids,  advertising  for,  925-279,  p.  150. 

Bids,  rejection,  925—282,  p.  151. 

Bonds,  issue,  925—287,  p.  153. 

Bonds,  interest,  redemption,  925 — 288,  p.  153. 

Bonds,  notice  of,  925—286,  p.  152. 

Bonds,  special  assessments,  925 — 290,  p.  154. 

Bonds,  payment,  925 — 291,  p.  154. 

Bonds,  foreclosure,  925—294,  p.  155. 

Canvass  of  votes,  925—268,  p.  145. 

Certificates,  negotiability,  assessment,  925 — 284,  p.  151. 

Charters  repealed,  925—250,  p.  141. 

City  marshal,  925—259,  p.  143. 

Claims,  reconsideration  of.  925—258,  p.  143. 

Council's  determination,  925—275,  925 — 276,  p.  149. 

Contracts,  form,  925—280,  p.  150. 

Contractor's  pay,  925 — 283,  p.  151. 

Curative  provisions,  925 — 281,  p.  150. 

Drainage  districts,  925—270,  p.  147. 

Drains,  construction,  plans,  damages,  etc.,  925 — 271,  p.  1 

Expense,  method  of  meeting,  925—289,  p.  153. 

Forms,  925—257,  p.  143. 

Hearing  before  council,  925—274,  p.  148. 

Inhabitants  not  disqualified,  925 — 252,  p.  142. 

Inoligibility  to  office,  925—249,  p.  141. 

Instice;  constable;  jurisdiction,  925 — 269,  p.  145. 

Laws  in  force,  925—253,  p.  142. 

Laws  not  affected,  925—251,  p.  142. 

Laws,  application  of  criminal  laws,  925 — 254,  p.  142. 

Notice  of  contract  and  bond,  925—286,  p.  152. 

Officers  not  to  be  interested  in  contracts.  925—255,  p.  142. 

Officers,  duties,  925—264,  p.  144. 

Ordinances,  in  force,  925—263,  p.  144. 

Ordinance  books:  proof,  925-^261,  p.  144. 

Private  property,  garnishee,  925 — 256,  p.  143. 

Rewards,  925—265,  p.  144. 

Reports,  925—272,  925—27:5,  p.  148. 

Sewer  districts,  925—270,  p.  147. 


Gaylord  Bros..  IBe, 

Stockton,  Calif. 

•M.  Reg.  U.S.  Pat.  Off 


M19435 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


